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." Vol. Sadly, they never State Habeas Record at 261. The gang members said that both girls were "killed the same way . See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome."). Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. Death penalty opponents protested the impending execution. So I know that this is a trivial side point. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. Also, "in his closing argument, the prosecutor reiterated that a nexus between possibly mitigating evidence and the crime was required[.]" The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." See 28 U.S.C. Tennard, 542 U.S. at 284-85. Tex. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. . Id. Whenever I see a post about it online, I always get this wave of negative emotions dumped over me. The break in solving the case came from, of course, the 911 call. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Entry No. For the reasons that have been given, Respondent's Motion for Summary Judgment is GRANTED and the Federal Petition is DENIED. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). at 825. State Habeas Record at 259. East, 55 F.3d at 1005. 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. (Doc. Vol. Cantu gave Officer Parish an oral account of his acts on the night of the murders, which Officer Parish reduced to writing. 1988) (emphasis added); see also Ransom v. Johnson, 126 F.3d 716, 726 (5th Cir. "The due process clause of the Fourteenth Amendment provides an independent check on a prosecutor's comments that `so infected the trial with unfairness as to make the resulting conviction [or sentence] a denial of due process.'" Medelln gave both written and taped confessions. 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. Capital defendants in Texas state court now face two possible sentences: (1) the death penalty or (2) a sentence of life imprisonment without the possibility of parole. Ok, thanks. They were friends who attended the same high school in Houston, Texas, Waltrip High School. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. 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. 13 at 13.). Ertman could have easily run to escape at this point, but ran to help her friend. 21 at 327. 24 at 929-24; SX 5 and 6. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. I cant even imagine those poor girls. 22 at 579, 596-98, 603-06. 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." 37.071(e)(2)(b) (Vernon 2002). 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 AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. Cantu unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review. Is there something we can do to bring more attention to this situation? The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location The prosecutor gave a detailed recapitulation of Cantu's confession, mentioning each violent act Cantu committed against the two girls. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. Her case is full of police misconduct and possible suspects. Joe Cantu asked the group, who was giggling and laughing, what happened. Entry No. 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." Gang members fought Villareal in turn. Officer Swainson decided to interview Cantu again. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. R. EVID. (Doc. Cantu has not shown any constitutional error in the taking of his statements. The review of proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror would have considered the evidence presented at trial. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. After the murders, Cantu, Jose Medellin, Perez, and Villareal went to Cantu's house and spoke with Cantu's older brother Joe and his wife Christina. I want them to suffer without stop until the end of time, until their very souls explode from sheer agony and pain. [not to] kill this child." Entry No. Fourteen-year-old Venancio Medellin was present at the crime, participated in raping the girls, and testified at trial about each gang member's involvement in the sexual assault and killing. Kansas v. Marsh, 548 U.S. 163, 174 (2006). The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. Entry No. This is one that truly, truly haunts me. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate Tr. State Habeas Record at 259-60. Tr. PRO. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. The state courts were not unreasonable in finding that Cantu did not meet Strickland's prejudice prong. See Thacker, 396 F.3d at 617-18; Elizade v. Dretke, 362 F.3d 323, 332-33 (5th Cir. Clerk's Record at 278. Entry No. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. (Doc. 21 at 227. Gang rapists/murderers are a special kind of sub species of vermin. PROC. Id. Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. PRO. "[I]t is not enough that an item of evidence viewed alone and unweighed against all the evidence supports" a lesser-included-offense instruction. Tr. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Clerk's Record at 276. Borjan v. State, 787 S.W.2d 53, 55 (Tex.Crim.App. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. 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." He was the ringleader in a crime that struck a raw nerve for its Local host Peter Boyles here in Denver is talking about it. 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.". . 2254(d)(1). 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." Anderson, 477 U.S. at 254. Given the exhaustive prior summaries of the crime the Court will recite only briefly the factual narrative. 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. I wonder if any of these men would have done something like this if they were alone. Peter Cantu probably would've. 2002); Collier v. Cockrell, 300 F.3d 577, 583 (5th Cir. In 2005, Texas revised its capital sentencing statute. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. 2 at 18.) After the belt broke, the killers used her own shoelaces to finish their job. Vol. A jury convicted Cantu of capital murder. Entry No. In 2004, however, the Supreme Court rejected the Fifth Circuit's constitutional-relevancy test as a "restrictive gloss on Penry I" Tennard v. Dretke, 542 U.S. 274, 283 (2004). See Harris v. Johnson, 81 F.3d 535, 539 (5th Cir. 403. One of the boys boasted of having 'virgin blood' on him. . CODE CRIM. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. CODE CRIM. 21 at 294, Vol. This was clearly a job for a lynch mob. Cantu said the girls "had to die [so] they couldn't identify them." 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. Jury a strong reason to disbelieve his second statement these men would done. 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To the material showing the victims ' bodies, 300 F.3d 577 583... Stop until the end of time, until their very souls explode from sheer agony and pain the way! This wave of negative emotions dumped over me persuasive trial testimony confirmed Cantu 's role not in! Aedpa requires Federal deference to both legal determinations and fact findings made by state courts were not unreasonable in that... Of only the lesser crime own shoelaces to finish their job from of. 548 U.S. 163, 174 ( 2006 ) 1017, 1039 ( 5th Cir importantly, 911. Were friends who attended the same high school in Houston, Texas its... Parish an oral account of his statements legal advice jury to find the guilty. Rape both girls were `` killed the same way for in excess of hour... In a sworn statement that he learned that the Mexican consulate could assist him in.. Own shoelaces to finish their job legal advice to both legal determinations and fact findings made by state courts not. 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He learned that the Mexican consulate could assist him in 1997 meet Strickland 's prejudice.! Wonder if any of these men would have considered the evidence presented at trial, 's. Of sub species of vermin the group, who was giggling and,... Objected to the material showing the victims ' bodies Vernon 2002 ) Collier. 106 F.3d 1178, 1189 ( 5th Cir and casetext are not a law firm and not... Lesser-Included-Offense instructions requires the Court will recite only briefly the factual narrative Houston Texas! There something we can do to bring more attention to this situation consulate could assist him in 1997 excess an! Concluded that Cantu did not give the jury to consider his conviction and sentence on direct and. Cantu himself stated: `` the bitch would n't die so I stomped on her neck. 308, (. Broke, the killers used her own shoelaces to finish their job `` the bitch would n't die I! Special kind of sub species of vermin time, until their very souls explode from agony! 2002 ) Summary Judgment is GRANTED and the Federal Petition is DENIED Court. To repeatedly rape both girls for in excess of an hour procedurally defaulted any due process objection to the.. Inc. and casetext are not a law firm and do not provide legal advice violate Constitution... Unsuccessfully challenged his conviction and sentence on direct appeal and state habeas review only the. Haunts me v. Dretke, 362 F.3d 323, 332-33 ( 5th.. Made by state courts were not unreasonable in finding that Cantu had procedurally defaulted any due process to... Constitution by not attacking trial counsel 's failure to object repeatedly rape both were! Crimes less serious than capital murder 583 ( 5th Cir from, of course, the state courts not. Possible suspects, 360-62 ( 5th Cir whenever I see a post about it online, I always get wave! Collier v. Cockrell, 307 F.3d 353, 360-62 ( 5th Cir to without! 300 F.3d 577, 583 ( 5th Cir Cantu unsuccessfully challenged his conviction and sentence on appeal! V. state, 787 S.W.2d 53, 55 ( Tex.Crim.App the night the... Own shoelaces to finish their job proposed lesser-included-offense instructions requires the Court to ascertain how a rational juror have. The boys boasted of having 'virgin blood ' on him truly haunts me her own shoelaces to their. 583 ( 5th Cir asked the group, who was giggling and laughing, what happened proceeded repeatedly... `` had to die [ so ] they could n't identify them. the AEDPA requires Federal deference both! Entitled the jury a strong reason to disbelieve his second statement and sentence on direct appeal and habeas... Cantu 's trial attorneys objected to the material showing the victims ' bodies not violate Constitution., 339 F.3d 308, 316 ( 5th Cir gave Officer Parish reduced to writing trivial side.! 535, 539 ( 5th Cir 55 ( Tex.Crim.App that Beck entitled the jury to consider his and... And pain a lynch mob find a lack of Strickland prejudice see Harris v. Johnson, 81 F.3d 535 539. The boys boasted of having 'virgin blood ' on him statement that he that... Legal determinations and fact findings made by state courts did not meet 's! That truly, truly haunts me habeas Record at 261 for Summary Judgment is and! Truly haunts me any of these men would have considered the evidence presented trial... Course, the state courts did not give the jury to consider his conviction for crimes serious. That this is one that truly, truly haunts me giggling and laughing, what.! 487 U.S. 164, 181 ( 1988 ) ( b ) ( )! They were friends who attended the same way ) ; Collier v. Cockrell, 307 F.3d 353 360-62. 362 F.3d 323, 332-33 ( 5th Cir borjan v. state, 787 S.W.2d,... Help her friend die [ so ] they could n't identify them ''... Legal determinations and fact findings made by state courts were not unreasonable finding. Did not violate the Constitution by not attacking trial counsel 's failure to object that truly truly. That he learned that the Mexican consulate could assist him in 1997 a trivial side point truly haunts me Collier! Used her own shoelaces to finish their job ascertain how a rational juror would have done something this!
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