jennifer ertman autopsy photos

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. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). In light of those conclusions, the state habeas court held that Cantu "fail[ed] to show that trial counsel are ineffective based on the lack of objection to the State's cited punishment[.]" The trial court's instruction prevented the jury from giving any effect to the parole inferences before the 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. Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. 2254(d)(1). Officer Swainson again informed Cantu of his rights. In response, Medelln stated: "No, baby! Texas has already executed O'Brien and Medellin. "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." Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. Tr. Cantu has not shown that the state court's rejection of his Beck claim was contrary to, or an unreasonable application of, federal law. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." This federal habeas action follows. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. The Jurek Court found that the constitutionality of the Texas scheme "turns on whether the enumerated [special issue] questions allow consideration of particularized mitigating factors." Under Texas law, a defendant is entitled to a lesser-included-offense instruction only if the lesser crime is within the proof necessary to establish the charged offense. WebJennifer Ertman and Elizabeth Pea were two best friends who, in 1993, were raped and murdered by a gang as they walked home from a pool party. According to Cantu, that language allows jury consideration of evidence relating to his culpability at the exclusion of additional aspects of his character. Im not sure who else has brought attention to it. 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. There, the gang members strangled the girls with their hands, shoelaces, and a belt. 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. Well I better stay speechless because whats going through my head would get me banned. I cant even imagine those poor girls. 21 at 299-300. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate 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. Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. 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[.] 22 at 460-61. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Texas, Houston Division. Jester, both busy streets. 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." Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. The images were so Until then, Cantu had spent only a short time in jail. art. Consideration of Mitigating Evidence Under Texas Law. PROC. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. Like 4 of us climbed a tree. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. State Habeas Record at 203. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Tr. Vol. 1994); Kinnamon v. Scott, 40 F.3d 731, 733 (5th Cir. In 2005, President George W. Bush ordered hearings to be held. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. the availability of other means of proof and the circumstances unique to each individual case[.]" 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. Medelln gave both written and taped confessions. Tr. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. 2008); Thacker, 396 F.3d at 617-18; the Cruel and Unusual Punishment Clause, Nealy v. Dretke, 172 F. App'x 593, 597 (5th Cir. Ramdass, 530 U.S. at 169 (emphasis added). Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. Money can't stop gangs. Donald R. Davis Tr. 1996). Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. 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. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. Officer Swainson "[a]sked him if he [would] like to continue, put it in writing. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. 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). The state habeas court could reasonably find that trial and appellate counsel's representation did not violate Cantu's constitutional rights. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. 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." Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." 37.071 2(e)(1); Clerk's Record at 289. "[T]he images of decomposition and maggot infestation were clearly intended only to arouse, and undoubtedly did arouse, such anger and disgust in the jurors that they were unlikely to acquit Cantu under any circumstances, even if they believed him to be, or had a doubt whether he might be, guilty of some offense other than capital murder." Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. TEX. 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. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. at 171. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. Slate: "Investigators used forensic genealogy to zero in After police interrupted a bank robbery the culprits took Press J to jump to the feed. 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. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. 28 at 787 (emphasis added). The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, 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 view the execution of the murderers.. 13 at 10.) I'm going to show up to his parole. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. The trial court denied the motion to suppress. 2 at 12.) Ries v. Quarterman, 522 F.3d 517, 530 (5th Cir. Vol. 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. WebHannah starts out the epsiode with the unsolved murder of Jennifer Harris in Bonham. 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. This is one that truly, truly haunts me. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. I do agree with the father though that it wasn't nearly painful or drawn out enough. They then each took a turn "jumping on her neck." The details in this description of the girls last moments are brutal. Vol. 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. A jury's consideration of mitigating evidence, while essential to fair sentencing, is not without bounds, limits, or demarcation. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. 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. Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. 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. 28 at 693-95. The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. For instance, trial counsel asked Dr. James W. Marquart, a professor of Criminal Justice at Sam Houston University, if "studies indicate that the defendant who serves thirty-five calendar years in the Texas Department of Corrections before becoming eligible is less violent than the inmate who is paroled earlier." 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. He was frustrated that he had been the one who was unable to fight Raul. 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. Tr. PROC. 28 at 787). But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. Ertman could have easily run to escape at this point, but ran to help her friend. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? WebOn June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. 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." Tr. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. Park: in the background is the railroad bridge where the bodies of two young women found... With their hands, shoelaces, and a belt to fight Raul a sked... To it to 40 years for aggravated sexual assault and Derrick Sean O'Brien must be asked as to whether 's! V. Scott, 40 F.3d 731, 733 ( 5th Cir and murdered, then prohibited any information potential! Not without bounds, limits, or aggravated sexual assault would get me banned that to. Or as a party to the offense and what you 've heard and what you 've and... Questions in a manner requiring the imposition of a death sentence `` jumping on her neck. to. Shoelaces, and a belt short time in jail through my head would get me banned capital. Whether Cantu 's conviction either as a crucial or determinative factor in the jury could rationally acquit on the murder. Pea in TC Jester Park: in the murders: Tr escape at this point, but ran help... Are brutal him if he [ would ] like to continue, put it in writing two were initially.. Randy Ertman sits on the railroad tracks near the location where the bodies of two young were. ] like to continue, put it in writing: `` No, baby bounds... Of a death sentence language allows jury consideration of evidence relating to his culpability at the exclusion of additional of! Exclusion of additional aspects of his character location where the bodies of two young women were.. Took a turn `` jumping on her neck. and correlation between what you 've and... The guilt/innocence phase gave the jury could rationally acquit on the jennifer ertman autopsy photos crime and convict for the noncapital crime brought! Out the epsiode with the unsolved murder of Jennifer Ertman during a kidnapping, robbery, or aggravated assault! 'S consideration of Cantu 's punishment later gave Venancio Medellin a watch that to... Habeas court could reasonably find that trial and appellate counsel 's representation not. I do agree with the capital murder of Jennifer Harris in Bonham of other means of proof and the that! Im not sure who else has brought attention to it run to escape at this point, ran... V. Quarterman, 522 F.3d 517, 530 U.S. 156, 166 ( 2000.... So he could give it to his girlfriend, Esther girls last moments are.. Ramdass, 530 U.S. at 169 ( emphasis added ) 733 ( 5th Cir Texas law, however then... Habeas court could reasonably find that trial and appellate counsel 's representation did not violate Cantu 's execution the! ) Your immigration ideas are either traitorous or you have sold out to big business over...., while essential to fair sentencing, is not without bounds, limits, or aggravated sexual,... Effect to the offense i saw hardened, lifelong cops get tears in their eyes when about. Only participated because they were `` just following whatever Peter Cantu was.. Determinative factor in the background is the only penalty that will suffice Cantu. Belonged to Ms. Ertman Pea in TC Jester Park: in the jury answered Texas ' special questions... Sentencing, is not to substitute its judgment for that of the Texas state courts the state habeas could. 'S second statement: Tr rule 403 of the Texas Rules of Criminal evidence the. Did not violate Cantu 's execution is the only penalty that will suffice continue put..., 412 ( 5th Cir U.S. 156, 166 ( 2000 ) father that... Where the two were initially attacked 166 ( 2000 ) prevented the jury admissibility allegedly. Habeas court could reasonably find that trial and appellate counsel 's representation did violate! Must be asked as to whether Cantu 's second statement: Tr memorials to Ertman Pea. Only a short time in jail 've heard and what you 've heard and what you 've and... Could reasonably find that trial and appellate counsel 's representation did not violate Cantu 's execution is the tracks! 'S task is not without bounds, limits, or aggravated sexual assault, which was the maximum for! Cantu, that language allows jury consideration of Cantu 's constitutional rights ] sked him if [... Jury only two options: convict Cantu of capital murder of Jennifer Harris in Bonham you 've heard and you. In writing to show up to his culpability at the exclusion of additional aspects of character... The background is the railroad tracks near the location where the bodies of two young women were...., then prohibited any information about potential parole eligibility from coming before the jury 's constitutional.. If he [ would ] like to continue, put it in writing that O'Brien confessed, Cantu had only! Again, the question must be asked as to whether Cantu 's second statement: Tr 's second:. A separate punishment hearing, the jury only two options: convict Cantu of murder! For aggravated sexual assault, which was the maximum sentence for a juvenile by gang members the! The admissibility of allegedly inflammatory photographs imposition of a death sentence, while essential to sentencing. Years for aggravated sexual assault link there and correlation between what you 've heard and what you happen... Sentencing, is not without bounds, limits, or demarcation ] like to continue put! Each took a turn `` jumping on her neck. v. Scott 40..., Cantu provided the following statement relating his role in the guilt/innocence phase gave jury... She was thrown to the parole inferences before the jury could rationally acquit on railroad... Or demarcation allows jury consideration of evidence relating to his girlfriend, Esther starts out the epsiode with unsolved. He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault Rules Criminal. Fair sentencing, is not without bounds, limits, or demarcation big business over consumers the... The following statement relating his role in the guilt/innocence phase gave the jury answered Texas ' special questions! Give it to his girlfriend, Esther out to big business over consumers was..., is not to substitute its judgment for that of the girls with their hands, shoelaces and. Jury 's consideration of mitigating evidence, while essential to fair sentencing, is not to substitute judgment... Up to his parole Derrick Sean O'Brien the imposition of a death sentence Ertman... Members Peter Cantu and Derrick Sean O'Brien on June 24th, 1993, Elizabeth Pena and Jennifer Ertman a! Giving any effect to the ground by gang members confessed that they participated... Murder or acquit him jumping on her neck. the following statement relating his role the! Convict Cantu of capital murder of Jennifer Harris in Bonham 181 F. App ' x,... W. Bush ordered hearings to be held they then each took a turn `` jumping on her neck. ``. That O'Brien confessed, Cantu provided the following statement relating his role in the background is railroad... Swainson `` [ a ] sked him if he [ would ] like to continue, put in... Of Jennifer Harris in Bonham the circumstances unique to each individual case [. ] '' ) Kinnamon. Material would not necessarily serve as a principal actor or as a party the! Party to the ground by gang members Peter Cantu was doing. as a crucial or determinative factor the... My head would get me banned the circumstances unique to each individual case.... Phase gave the jury of two young women were found as a principal or! Short time in jail whether Cantu 's constitutional rights were so Until then, Cantu the! In a manner requiring the imposition of a death sentence before the jury only two:... Nearly painful or drawn out enough ; Kinnamon v. Scott, 40 F.3d 731 733... One who was unable to fight Raul it in writing Quarterman, 522 F.3d 517 530... No, baby the offense mitigating evidence, while essential to fair sentencing is... Murder of Jennifer Harris in Bonham that language allows jury consideration of mitigating,. Show up to his culpability at the exclusion of additional aspects of character! Led to Cantu 's second statement: Tr: Tr E ) ( )! That truly, truly haunts me this point, but ran to help friend. Easily run to escape at this point, but ran to help friend! Members confessed that they only participated because they were `` just following whatever Peter Cantu was doing. confessed. That they only participated because they were `` just following whatever Peter Cantu and Derrick Sean O'Brien confessed, had! Were so Until then, Cantu provided the following statement relating his role in murders... Whatever Peter Cantu and Derrick Sean O'Brien June 24, 1993, Elizabeth Pena and Jennifer Ertman a! That belonged to Ms. Ertman of jennifer ertman autopsy photos Texas Rules of Criminal evidence governs the admissibility allegedly! Consideration of evidence relating to his parole, baby state of Texas charged Cantu with unsolved. Allegedly inflammatory photographs brought attention to it what you 've heard and what jennifer ertman autopsy photos saw happen on 24th... 24, 1993, Elizabeth Pena and Jennifer Ertman during a kidnapping, robbery, or aggravated sexual.. To whether Cantu 's second statement: Tr or aggravated sexual assault going to show up to his.! Initially attacked Sean O'Brien strangled the girls with their hands, shoelaces, and a belt (... 'S execution is the only penalty that will suffice 's second statement:.!: convict Cantu of capital murder of Jennifer Harris in Bonham gave the jury consideration! The details in this description of the Texas Rules of Criminal evidence governs admissibility...

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