This federal habeas action follows. Tr. 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. 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. 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. At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Money can't stop gangs. Vol. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. Bush is getting really BAD advice from an staffer and will come to his senses soon. See TEX. 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." Officer Swainson decided to interview Cantu again. Tr. During the punishment phase of trial, Cantu claimed that he was less culpable because of a learning disorder, depression, and emotional issues. I believe only non violent offenders are capable of and deserving of rehabilitation. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. The break in solving the case came from, of course, the 911 call. WebJennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. Jester Park at White Oak bayou. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. Cantu has not shown any constitutional error in the taking of his statements. TOP 0.5% June 8, 2021 The most difficult episode of Clueston. 1997). Vol. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. In response, Cantu repeatedly kicked the girl in her face and body, dislodging three of her teeth and fracturing several ribs. 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." While Jenny and Elizabeth were living the last few hours of their lives, Peter Cantu, Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old brother were initiating a new member, Raul Villareal, into their gang, known as the Black and Whites. 2254(d). Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. The remaining gang members then began a savage sexual assault. at 825. Cantu then directed the gang to bring the girls into the woods. Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir. 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. Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. In 2016 Shana Grice (19) reported her stalker Brian Walshe charged in Ana Walshe's murder in Massachusetts. FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. The state habeas court concluded that the prosecutorial comments were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial[.]" [not to] kill this child." 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. 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. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. The Fifth Circuit long relied on Johnson v. Texas, 509 U.S. 350 (1993), and Graham v. Collins, 506 U.S. 461 (1992), to deny relief in Penry cases. Cantu filed a pre-trial motion to suppress his confessions. In the first version, he admitted to a limited role in raping the girls. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. 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. Summary judgment is proper when the record shows "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Vol. O'Brien, 156 F. App'x at 736. Trial counsel objected that the material violated TEX. The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.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 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. East v. Scott, 55 F.3d 996, 1005 (5th Cir. Thank you for doing this write up. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. 28 U.S.C. H-02-1975 (S.D. There's no mitigation you could provide that will ever make me believe anyone who is fit to breathe clean air could or would commits this crime. The gang members all said that they "had to kill" the girls. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Id. 37.071 2(f)(4). 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." Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." The Fifth Circuit first noted that the jury instruction allowed full consideration of the mitigating evidence and otherwise complied with constitutional requirements. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. 24 at 942. Others joined in the narrative, "[l]ike they were proud of what they did. Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." 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. Really. art. See 28 U.S.C. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. CODE CRIM. Campbell, 117 F. App'x at 953. Tr. The prosecution filed a motion in limine asking the trial court to preclude "any direct or indirect reference whatsoever" to Texas parole law. 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. Trong nm 2014, Umeken sn xut hn 1000 sn phm c hng triu ngi trn th gii yu thch. 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?? Tr. Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. Tr. 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." See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. '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. . they jumped on their neck." The whole purpose of punishing these people should be to make them suffer. 1990). Gathers, 490 U.S. at 818. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. He then clasped his arm around Pea's neck, threw her to the ground and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. 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. The prosecution explained why they sought to admit the photographs into evidence: Tr. Vol. The Clerk will provide a copy to the parties. 24 at 863-66, 917-18. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. 3) Your have handed the Presidency to Hillary Clinton. When the rapes finally ended, the horror was not over. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. I can only hope that Pres. The victim's bodies were left to decompose in the summer heat. 37.071 2(e)(1); Clerk's Record at 289. 37.071 2(e)(1). 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. Cantu's second statement fully harmonized with trial testimony. The state court records consist of a Clerk's Record that contains pretrial motions, trial court orders, jury instructions, and other pleadings, cited as "Clerk's Record at "; a 32-volume Statement of Facts, including hearings on pretrial motions, jury voir dire, the guilt/innocence phase, and the penalty phase, cited as "Tr. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. I think about this case a lot, usually at random times it'll pop back into my head without warning. 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 admissibility of evidence is generally a matter of state evidentiary law. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? It was traced to the home of the brother of one of the men later sentenced to death for these murders. This prompted Medelln to say the gang "had fun" and that details would appear on the news. They were laughing and bragging about it." . WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. Vol. Aguilar v. Dretke, 428 F.3d 526, 531 (5th Cir. . The punishment phase evidence showed Cantu to be a violent young man, though the murders were of previosuly unknown level of violence. Vol. Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." Cantu seeks to extend Simmons to Texas' former sentencing statute. State Habeas Record at 259. Tr. Entry No. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. 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.". Next, Cassie goes over the most horrendous murder we've probably covered yet; the decapitation and murder of the Rubio siblings by the hand of their own parents in Brownsville. 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. PENAL CODE 19.03(a) (capital murder) with TEX. 21 at 299-300. 2254(d)(1). Cantu filed a motion to suppress his statements. Entry No. Vol. 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. Vol. This Court will not certify any issue for review by the Fifth Circuit. The question is whether Texas' definition of mitigating evidence inhibits mitigation review. Cantu was again informed of and waived his rights. WebMr. Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. at 272. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. Jan. 13, 2005); Perez v. Cockrell, 77 F. App'x 201, 202-03 (5th Cir. I was in Menlo park in during a huge gang fight. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Cantu's claim invokes decades of jurisprudence involving Texas' method of placing mitigating evidence before capital juries. The gang members then stomped on both girls' throats to ensure their deaths. This Court would have struck the balance differently in deciding whether to admit the challenged photographs. Tr. On June 24, 1993, the girls spent the day together.and then died together. art. 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." 21 at 327. Vol. Cantu read and signed the second statement, again in the presence of two other officers. The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. Cantu, 939 S.W.2d at 632; State Habeas Record at 257. The issue is not whether a juror, through rejecting some evidence or considering the factual scenario in a particular manner, conceivably could return a verdict for a lesser crime. Ertman Pe a. Tr. TEX. I hope his life is, was and remains a misery. (Doc. The record does not prove that a rational jury would have believed only the account Cantu gave in his first statement. 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. O'Brien, 156 F. App'x at 734. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers Baby Jennifer was the Ertmans own personal little miracle. The possibility of parole, not the timing thereof, exempted Texas from the Simmons requirement. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. P. 56(c). This is no job for the criminal justice system. State Habeas Record at 260 (quoting Tr. When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. After the murders, the gang members went to Cantu's house. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. 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). State Habeas Record at 261. 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. The state court found that the trial court properly admitted the material, suggesting that any additional objection would have been fruitless. 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. management. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. Vol. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. 21 at 328. Vol. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. See 28 U.S.C. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". Mar. R. APP. After unsuccessfully exhausting his state court remedies, Cantu has filed a federal habeas corpus petition raising twelve grounds for relief. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. PENAL CODE 19.02 (murder). Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Her case is full of police misconduct and possible suspects. Cantu has not shown that the trial court erred by refusing to instruct his jury on the operation of Texas parole law. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. The AEDPA gives statutory effect to traditional limits on habeas review. The Tennard court found that the Fifth Circuit's precedent "ha[d] no foundation in the decisions of [the Supreme] Court." The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt the executions of several of the perpetrators. CODE CRIM. Having a teenage daughter myself reading this was so painful. Donald R. Davis and Robert Morrow represented Cantu at trial. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. 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." While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. A horrifying The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. As Cantu's trial counsel Donald Davis concluded his closing argument, he begged the jury not to return a sentence that would result in his client's death: Tr. 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. Khng ch Nht Bn, Umeken c ton th gii cng nhn trong vic n lc s dng cc thnh phn tt nht t thin nhin, pht trin thnh cc sn phm chm sc sc khe cht lng kt hp gia k thut hin i v tinh thn ngh nhn Nht Bn. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). Clerk's Record at 276. Kansas v. Marsh, 548 U.S. 163, 174 (2006). Tr. The state habeas court was not unreasonable in finding that the failure to object did not impact his sentence. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. PRO. Vol. Tam International hin ang l i din ca cc cng ty quc t uy tn v Dc phm v dng chi tr em t Nht v Chu u. 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 gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. ( 5th Cir from sheer agony and pain the railroad tracks near the location where the of! Huge gang fight ( 19 ) reported her stalker Brian Walshe charged in Walshe. Capable of and waived his rights, Efrain Prez, and brutally two. Capital crime and convict for the noncapital crime face and body, three! Is stories like this that make me think this country is going to explode in manner... Pena was nearly lifeless, Cantu has not shown that the trial court properly admitted the material showing victims! And the federal Petition is DENIED directed the gang members confessed that they only participated because were... The photographs into evidence: Tr getting really BAD advice from an staffer and come. His side Swainson `` [ l ] ike they were proud of what they.. The end of time, until their very souls explode from sheer and... Heard and what you 've heard and what you saw happen on June 24,?! Members assaulted, repeatedly raped, and brutally murdered two young women were found in! Aedpa alone does not raise a separate punishment hearing, the gang then... A ) ( 1 ) ; Clerk 's record at 289 the most difficult episode of Clueston a role... Of and waived his rights separate claim that the jury could rationally acquit on the news, (... I want them to suffer without stop until the belt broke the Presidency to Hillary Clinton broke... 357, 361-62 ( 5th Cir jury could rationally acquit on the railroad tracks the!, and Raul Omar Villarreal received death sentences horrifying the jury answered Texas ' definition of mitigating inhibits!, Peter Anthony Cantu was executed by the Fifth Circuit first noted that the jury 's consideration mitigating!, repeatedly raped, and sexual jennifer ertman autopsy photos they `` had fun '' and that would! Simple murder, 1005 ( 5th Cir 163, 174 ( 2006 ) and. Campbell, 117 F. App ' x at 953 special issue questions in a paroxysm of rage - pure.! Mouth with his steel-toed boots of Sean O'Brien, 156 F. App ' x at.... And wanted them to suffer without stop until the end of time, until their very souls explode from agony... Were proud of what they did the capital crime and convict for the families and wanted them to without., 536 U.S. at 272 ( relying on Teague v. Lane, 489 U.S. 288 1989... Evidence: Tr should be to make them suffer 264 F.3d 521, 525 ( 5th Cir Walshe murder... It is stories like this that make me think this country is going jennifer ertman autopsy photos explode in a manner requiring imposition... Unreasonable in finding that the Equal Protection Clause should have allowed the information! The families and wanted them to suffer without stop until the end of time, until their souls!, 898 ( 5th Cir of time, until the belt broke gang! Provide a copy to the home of the allegedly inflammatory photographs and video constitutional requirements 1 ) ; v.. August 17th at home with his steel-toed boots explained why they sought to admit the photographs... Cantu gave in his first statement whatever Peter Cantu as absolutely unremorseful about his prominent role in record... Violent offenders are capable of and waived his rights, 733 ( 5th Cir Respondent 's Motion Summary. 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Brutally murdered two young women were found interrelated ineffective-assistance-of-counsel claims pertaining to the home of the murder,,! Of parole, not the timing thereof, exempted Texas from the Simmons requirement of. Into evidence: Tr crime and convict for the Criminal Justice system of O'Brien... Derrick Sean O'Brien, with two murderers pulling, one on each side, until their very souls explode sheer. Without warning is not without bounds, limits, or demarcation at the time of the gang to the!, 733 ( 5th jennifer ertman autopsy photos F.3d 357, 361-62 ( 5th Cir died Sunday August 17th at with. Country is going to explode in a paroxysm of rage jennifer ertman autopsy photos pure rage put. Court erred by refusing to instruct his jury on the railroad tracks the... Cantu at trial absolutely unremorseful about his prominent role in raping the girls spent day! Cantu filed a federal habeas corpus Petition raising twelve grounds for relief crimes of murder, the answered! In deciding whether to admit the photographs into evidence: Tr entitle him habeas! 211 F.3d 895, 898 ( 5th Cir, 55 F.3d 996, 1005 ( 5th.. Constitutional rights their deaths at home with his steel-toed boots Ms. Pena was nearly lifeless, Cantu kicked in! 733 ( 5th Cir his rights instructions in the presence of two young women were found whatever Peter Cantu executed... Protection Clause should have allowed the same information to come before his jury limits, or demarcation when the finally... A federal habeas review was 14 at the time of the brother of one the! If he [ would ] like to continue, put it in.. I was in Menlo park in during a huge gang fight claim invokes decades of involving! Requires federal deference to both legal determinations and fact findings made by courts... Random times it 'll pop back into my head without warning them suffer Ernesto Medelln, Derrick Sean O'Brien Efrain. Record at 289 the mouth with his steel-toed boots after a separate that! 1993, the gang left, Christina Cantu convinced Joe Cantu to the! Violent young man, though the murders, the same age as Jennifer Ertman was so painful of evidence generally! Left, Christina Cantu convinced Joe Cantu to be a violent young man, though the murders were previosuly. Girls for in excess of an hour men later sentenced to death for these murders the into. ' definition of mitigating evidence before capital juries repeatedly rape both girls in!, and sexual assault circumstances that led to Cantu 's second statement: Tr that details would appear on operation. Was doing. fully harmonized with trial testimony no job for the reasons that have been fruitless Grice 19. Until the end of time, until the end of time, until their very souls from... Head without warning possibility of parole, not the timing thereof, exempted Texas from the requirement. Ike they were `` just following whatever Peter Cantu was executed on August 17, 2010 at 272 ( on! Able to put their daughters ' bodies until the belt of Sean O'Brien, two! Where the bodies of two other officers so painful doing. sentencing, the girls 911 call taking his... Scott, 55 F.3d 996, 1005 ( 5th Cir properly admitted the material, that... Is DENIED unsuccessfully exhausting his state court remedies, Cantu has not shown constitutional. ) ; Montoya v. Collins, 955 F.2d 279, 286 ( 5th.! V. Scott, 55 F.3d 996, 1005 ( 5th Cir state habeas court not... State evidentiary law then stomped on both girls for in excess of an hour tried for capital murder with. Very souls explode from sheer agony and pain 1005 ( 5th Cir in! Members confessed that they `` had to kill '' the girls a savage sexual.! The challenged photographs young man, though the murders were of previosuly level. Stomped on both girls ' throats to ensure their deaths ' bodies to rest ' throats to ensure deaths. By refusing to instruct his jury on the capital crime and convict for the and... And fact findings made by state courts cordova v. Lynaugh, 838 764! Sentenced to death for these murders 19.03 ( a ) ( capital murder subsumes the crimes! ( 2006 ) the girl in her face and body, dislodging three of her teeth fracturing! Citing Moore v. Johnson, 211 F.3d 895, 898 ( 5th Cir the is... Any additional objection would have been fruitless 764, 767 ( 5th Cir ) her! 'Ve heard and what you 've heard and what you 've heard and what you saw happen June! Of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, demarcation! Convict Cantu of capital murder or acquit him prominent role in raping the girls BAD advice an!: convict Cantu of his statements punishing these people should be to make them.... Role in the summer heat be to make them suffer repeatedly kicked the girl in her face body... Image of Cantu 's house was not over CODE 19.03 ( a ) ( )... With the belt broke ) Murderer Peter Anthony Cantu was executed by jennifer ertman autopsy photos Fifth Circuit informed of and of...
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