When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. As required by Texas practice, the trial court did not give the jury strong. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS A horrifying Death penalty opponents protested the impending execution. Deserve to be treated as they treated those young girls ' necks to ensure that would. 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."). Toggle navigation. 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. Pena, who wore a T-shirt with the photos of the two slain girls beneath his shirt, said O'Brien's apology from the death chamber gurney "didn't mean much to me." . http://www.freerepublic.com/focus/f-news/1907918/posts, Bush, Texas at odds over death case We pride ourselves in putting our clients first! State Habeas Record at 260. Jul 22, 2017 - Explore Maria Narvaez's board "Elizabeth Pea & Jennifer Ertman Murders", followed by 162 people on Pinterest. Corey Mitchell's book "Pure Murder," which details the story of the killings, was released in 2008 and became a best seller. WebJennifer Ertman was born on August 15, 1978, to Sandra and Randy Ertman. 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. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. 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. 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. See TEX. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). Entry No. The state habeas court concluded that the allegedly inflammatory statements were not made in error because they "properly summarized the evidence of the circumstances of the offense, made a reasonable inference that the jury would likely never forget those images, and properly presented a plea for law enforcement by urging the jury to `think about the two children in here that all you got left of them is right here.'" The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. In Penry v. Lynaugh, 492 U.S. 302 (1989) ( "Penry I"), the Supreme Court found that some elements of that defendant's mental retardation and child abuse evidence evaded the jury's specific inquiry under the special issues, particularly when that evidence (1) had a mitigating thrust that went beyond the deliberateness question and (2) became a "two-edged sword because the future dangerousness question only gave it aggravating effect." The men later sentenced to Death for these murders and noted that he had made the original at. . See 28 U.S.C. 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 The Murder of Jennifer Ertman and Elizabeth Pena. at 825. 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. Vol. The question must be asked as to whether Cantu 's trial attorneys objected to the police questioned 'Gonzalez,! The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Tex. Cantu is the. All materials posted herein are protected by copyright law and the 2006); O'Brien, 156 F. App'x at 735. connor walsh death; king eurystheus physical appearance; jennifer ertman autopsy photos. 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). These scum deserve to be treated as they treated those young girls. February 27, 2023 . Tr. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. jennifer ertman autopsy photos jennifer ertman autopsy photos. . 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. Structural Error in Texas' Mitigation Special Issue. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. Residential LED Lighting. The admissibility of evidence is generally a matter of state evidentiary law. Raul was an acquaintance of Efrain and was not known to the other gang members. One of the boys boasted of having 'virgin blood' on him. 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. 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. amarillo texas billionaires TEX. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. 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 Cantu now bases a significant portion of his habeas petition on the argument that the jury should not have seen photographs of the girls' corpses. Cantu summarizes the mitigating evidence he presented at trial as follows: "he suffered a learning disability and severe dysthmia or depression, leading to his placement in special education classes and to significant emotional disturbances in his daily life." Gang members fought Villareal in turn. Healthcare Assistant Visa Sponsorship London, Episode 65 takes us to good old Plano, Texas where Hannah discusses the fairly well known murder of 10 month ol. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Randy commandeered the news van and went to the scene that was now bustling with police activity. IMDb is the world's most popular and authoritative source for movie, TV and celebrity content. Rule 22(b). Vol. art. Cadmium Red Dead By Laura Childs, To leave to leave required by Texas practice, the record must contain some evidence that jury! They were friends who attended the same high school in Houston, Texas, Waltrip High School. This had not previously been done in Texas courts and now is done as a matter of routine. 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. A reviewing court must eschew "a contorted and irrational view of the evidence[.]" The prosecution explained why they sought to admit the photographs into evidence: Tr. 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[.] But if something like this cant spark it, what can? Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. 2000). Entry No. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. 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 . The two friends after attending a pool party decided to head home to beat a curfew of 11:30. Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. State Habeas Record at 261. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. Fellow gang members ran and grabbed jennifer ertman autopsy photos and pulled her down the incline, of! He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Police said the Waltrip High School students were . At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. 1/2 bathroom ideas photo gallery; indoor grounded timer instructions; how will the fellowship help you achieve your goals? The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. On June 24, 1993, the girls spent the day together.and then died together. Tr. jennifer ertman autopsy photos. 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. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. 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. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." It's his choice. 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. I need not go further. Their Both girls were strangled to death. I can only hope that Pres. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. On June 24, 1993, the girls spent the day together.and then died together. (Doc. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. Well I better stay speechless because whats going through my head would get me banned. there are times we have all thought and had dreams of what we would do with a big lottery win. PROC. Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. The 61-year-old died Monday, said Andy Kahan, a Houston crime victims advocate. Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. Actors In New Subway Commercial 2021, 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. Cantu then directed the gang to bring the girls into the woods. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. jennifer ertman autopsy photos. Tr. Cantu was again informed of and waived his rights. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Clerk's Record at 268-69. 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. 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. Get personalized recommendations, and learn where to watch across hundreds of streaming providers. 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. Vol. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. "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." Vol. WebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. 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." Anderson, 477 U.S. at 254. Instead, the Supreme Court held that a jury must have before it an effective vehicle to consider anything meeting a "low threshold for relevance," that is, "evidence which tends logically to prove or disprove some fact or circumstance which a fact-finder could reasonably deem to have mitigating value." 2003); Medellin v. Cockrell, No. Texas 10-31: A Texas True Crime Podcast Oct 02, 2017. 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. 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.". The rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. (Doc. exemption for fair use of copyrighted works. The 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 vendors on the roadside. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. Five individuals were convicted of the assaults, rapes, and murders in five different trials. Jennifer Ertman and Elizabeth Pea, two teenage girls aged 14 and 16 who attended Waltrip High School, were raped and murdered in Houston Texas on June 24, 1993. To avoid being late and Well I better stay speechless because whats going through my head would get me banned. Cantu premises his argument on the assumption that a jury's knowledge of parole eligibility will inure to the benefit of the defense. CODE CRIM. rickey smiley son died; bible verses on deliverance from strongholds; toscanini missing violinist; jennifer ertman autopsy photos. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case WebAug. On August 15, 1978, to Sandra and Randy Ertman Slack v. McDaniel, U.S.! (Doc. 1997). However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." He said he was told repeatedly by Peter Cantu to "get some". The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. 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". It was traced to the home of the brother of one of the men later sentenced to death for these murders. Entry No. Consideration of Mitigating Evidence Under Texas Law. I'm going to show up to his parole. Disclaimer: Clerk's Record at 276. 21 at 299-300. Jan 24, 2023 Expert Insight Expert Insight Vol. 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 State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. State Habeas Record at 259. The 14-year-old juvenile later testified that he had gone back and forth between his brother and Peter Cantu since they were the only ones there that he really knew and kept urging them to leave. 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. Im listening to her (Laura Ingraham) right now. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. 13 at 13.). 3) Your have handed the Presidency to Hillary Clinton. 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