at 272-73. "[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." 1991). Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. In his first statement, Cantu admitted to a limited role in kidnapping, raping, and robbing the two girls. "Far from rejecting the current scheme regarding mitigation, . 2254(d)(1). 1997). After the murders, the gang members went to Cantu's house. 3. 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. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. art. I imagine these sick fucks were all quite proud to share the details. Rule 403 of the Texas Rules of Criminal Evidence governs the admissibility of allegedly inflammatory photographs. 2005). Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. Clerk's Record at 15. After the prosecution reviewed other violent acts from Cantu's life, the closing argument returned to a comparison between Cantu and the victims: Tr. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. 28 at 787 (emphasis added). Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Memorials to Ertman and Pea in TC Jester Park: In the background is the railroad bridge where the two were initially attacked. The Clerk will provide a copy to the parties. Cantu also unsuccessfully requested a jury instruction on parole. Vol. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." at 569 (quotation omitted). 21 at 307-08. 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. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. Five individuals were convicted of the assaults, rapes, and murders in five different trials. PRO. A horrifying One of the boys boasted of having 'virgin blood' on him. 22 at 410, 418-19, 440. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. 8 years. Tr. Jester Park on Saturday for a memorial service for the girls who were slain, The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." 21 at 299-300. All were sentenced to die. See Tr. 2 at 30.) 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). Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. [not to] kill this child." 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." The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Significant jurisprudence dealt with the constitutional issues in the first category. It is not likely that, having denied Cantu's objection under the Texas more-probative-than-prejudicial standard, the trial court would find that the challenged material rendered the trial fundamentally unfair under the Due Process Clause. One of the gang members later said during the brag session that by the time he got to one of the girls, "she was loose and sloppy." Vol. 2 at 30), he did not make those arguments before the jury. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. The five 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. In response to accusations from anti-death penalty advocates that the death penalty is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. Robertson, 324 F.3d at 304 (quoting Brecht v. Abrahamson, 507 U.S. 619, 629 (1993)); see also Aleman v. Sternes, 320 F.3d 687, 690-91 (7th Cir. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. 2 at 18.) 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. Ertman could have easily run to escape at this point, but ran to help her friend. At trial, Officer Swainson testified that, "[b]ased on the statements that [they] had obtained, it appeared as if maybe there was a possibility [Cantu] didn't reveal his total involvement." Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. 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. The trial court included Texas' explicit mitigation special issue in the instant 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. As an integral component of the Fifth Circuit's test, a defendant had to demonstrate a "nexus" between the mitigating evidence and the special issues. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. The trial judge stated: Tr. 13 at 11.) Cantu does not raise a separate claim that the Due Process Clause prohibited the introduction of the allegedly inflammatory photographs and video. Having reviewed the record, the pleadings, and the law particularly the operation of the Anti-Terrorism and Effective Death Penalty Act's ("AEDPA") deferential standards the Court concludes that Cantu is not entitled to habeas corpus relief. The images were so The Court must decide whether a rational jury would have acquitted Cantu of capital murder and convicted him of another offense because it found only his first statement credible. 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. 2003); Medellin v. Cockrell, No. 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. The families of both Ertman and Pea strongly favored the execution(s). Trial testimony showed that the police took Cantu to the homicide division office after his arrest. 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". When Ms. Pena was nearly lifeless, Cantu kicked her in the mouth with his steel-toed boots. Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. 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. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. Cantu seeks to extend Simmons to Texas' former sentencing statute. Vol. He wants you . 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Tr. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). 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." Under the Strickland standard, a criminal defendant's Sixth Amendment rights are "denied when a defense attorney's performance falls below an objective standard of reasonableness and thereby prejudices the defense." 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). 28 at 786-87. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). State Habeas Record at 203. 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 assume that's why it's left such a strong impact on me. 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. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. First, Cantu faults trial counsel for not raising a federal due process objection in addition to his state law objection (claim ten). Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. Compare TEX. Strickland only commands relief when an inmate shows a reasonable probability of a different result. art. No death, but it was a year before columbine. 2254(d)(1). Vol. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. Tr. Their Tr. Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. Both then completed the act by strangling the girl with a shoelace in Pea's presence. Id. Tennard, 542 U.S. at 284-85. The State concluded its case by publishing the second statement to the jury. 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." The police, previously unable to find the young girls, used that information to find their bodies. One of Cantu's trial attorneys provided an affidavit in state court stating that his failure to raise a due process objection at trial and on appeal was "simply an oversight[.]" WebThe 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 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."). When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. I hope his life is, was and remains a misery. The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. Id. 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. 12 at 11.) With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. The gang members then stomped on both girls' throats to ensure their deaths. Cantu raises two claims related to the jury's consideration of his mitigation defense. "Congress enacted AEDPA to reduce delays in the execution of state and federal criminal sentences, particularly in capital cases, and to further the principles of comity, finality, and federalism[.]" The teenagers congregated near a railroad trestle to "fight in" Villareal. 28 at 693-95. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. Entry No. Vol. I wish to hell he could have died the way she died.". The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. Vn phng chnh: 3-16 Kurosaki-cho, kita-ku, Osaka-shi 530-0023, Nh my Toyama 1: 532-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Nh my Toyama 2: 777-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Trang tri Spirulina, Okinawa: 2474-1 Higashimunezoe, Hirayoshiaza, Miyakojima City, Okinawa. 2005). 23 at 699-703. Vol. 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. at 272. This was clearly a job for a lynch mob. 2254(d)(1). Vol. The police were sent to the scene and searched the park without finding anything. While Cantu now speculates that "he simply wanted to close ranks with his friends, or perhaps believed that his admission would better serve him in the ensuing prosecution," (Doc. Clerk's Record at 278. 13 at 10.) 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." Vol. Federal review of the propriety of lesser-included-offense instructions is not so limited. Prosecutorial Argument Concerning Mitigating Evidence. Id. State Habeas Record at 260 (quoting Tr. Campbell, 117 F. App'x at 953. Sadly, they never Xin cm n qu v quan tm n cng ty chng ti. Bush is getting really BAD advice from an staffer and will come to his senses soon. Williams, 529 U.S. at 407. Because his first statement to the police did not discuss the death of the two girls, Cantu argues that the jury could have viewed the evidence in a manner that exculpated him of capital murder. To warrant the lesser-included-offense instruction, however, the evidence of the lesser crime must be of sufficient magnitude to allow a rational jury to convict him only for that offense. (Doc. 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. In the first version, he admitted to a limited role in raping the girls. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. Against this backdrop, Cantu accuses Texas of perpetuating Penry error after the legislative renovation in 1991. On June 24, 1993, members of the Black and White gang met to initiate Raul Villareal into their group. I can only hope that Pres. Turns out the friend I was with was a serial rapist. Vol. 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). You are right about Bush, however I believe further that we have been duped by the GOP. 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