Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." The Court of Criminal Appeals considers several factors in reviewing admissibility of such photographs under Rule 403, including: "the number of exhibits offered, their gruesomeness, their detail, their size, whether they are black and white or color, whether they are close-up, whether the body is naked or clothed[, and] . Tr. Nothing in federal precedent indicates that Texas' current means of putting mitigating evidence before the jury violates the Constitution. PRO. From one perspective, this case reflects all the reasons that the death penalty should be imposed. 2254(d)(1). The Due Process Clause protects against prosecutorial excess in closing summation. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. State Habeas Record at 252. At first, Pea desperately attempted to appease her abusers as she wept; offering to provide her phone number in order that they could "get together". I wish to hell he could have died the way she died.". One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." 22 at 396. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. "The Fifth Circuit's interpretation of Beck requires a trial court judge to consider all of the evidence in the case as a whole in determining whether a rational jury could have found the defendant not guilty of capital murder but guilty of a lesser-included offense." Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. at 272-73. Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. . You are right about Bush, however I believe further that we have been duped by the GOP. Both girls were strangled to death. 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. Cantu filed a pre-trial motion to suppress his confessions. 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." Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. 37.071 2(f)(4). . Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Baby Jennifer was the Ertmans own personal little miracle. 28 at 768-69. The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. Days later, Cantu's brother and sister-in-law reported what they had heard to the police. But if something like this cant spark it, what can? The state habeas court concluded that the prosecutor's statements were not "extreme or manifestly improper or inject[ed] new and harmful facts into the trial, in light of the record as a whole." "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[.]" On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. The trial court included Texas' explicit mitigation special issue in the instant case. 1997). Cantu contends that the jury could have found that he was "a young man of native good character, with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." All those believed responsible were ultimately arrested. 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. Without the prosecutorial argument, the jury would not be measurably less likely to impose a death sentence. Vol. 2 at 18.) 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. State Habeas Record at 259. I wonder if any of these men would have done something like this if they were alone. 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." . Cantu himself escorted Ms. Ertman into the woods. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Vol. 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. 2 at 12.) Cantu, like his co-defendant, offers no persuasive showing that constitutional error crept into the jury instructions or somehow prevented consideration of his mitigation evidence. 3. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. I imagine these sick fucks were all quite proud to share the details. One of them bragged about having virgin blood on his underwear. Full title:PETER ANTHONY CANTU, Petitioner, v. NATHANIEL QUARTERMAN, Director, Texas, Court:United States District Court, S.D. Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643 (1974)). Clerk's Record at 276. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. Tr. Importantly, the state courts did not unreasonably find a lack of Strickland prejudice. Cantu bases this claim on the following interchange during closing arguments: Is there a connection between what they try to give you as mitigation, is there connection between that and the crime itself, when you think of what you discovered to possibly be mitigating? WebAug. Here, this inquiry focuses not only on the inflammatory nature of the images but on their importance at trial. Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. 21 at 327. C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). He is not an eighteen year old child that didn't know what he was doing." 13 at 10.) Clear, binding precedent forecloses relief on Cantu's claims. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. Those poor poor girls. Prosecutorial Argument Concerning Mitigating Evidence. Entry No. In particular, Cantu alleges that "[a]t least two of [his] co-defendants were afforded in separate trials, the benefit of an instruction like the one Cantu was denied." (Doc. 24 at 860. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. PROC. Vol. The prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu kicked Ms. Ertman in the mouth as she was dying and that the gang members finished killing the girls by stomping on their neck (photographs of Elizabeth Pena: SX 113, 115-18, 120, 122-29, 142, 143, 149-51; photographs of Jennifer Ertman: SX 120, 133-34, 136-37, 139-43). PROC. Under the appropriate standard, Cantu has not shown that this Court should certify any issue for appellate consideration. A horrifying The AEDPA gives statutory effect to traditional limits on habeas review. 31, SX 6. "[T]he idea of `invited response' is used not to excuse improper comments, but to determine their effect on the trial as a whole." As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." R. EVID. This Court will not certify any issue for review by the Fifth Circuit. 22 at 455. 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. 2008). O'Brien, 156 F. App'x at 736. Tr. He was frustrated that he had been the one who was unable to fight Raul. Death penalty opponents protested the impending execution. The Payne Court explicitly stated that the "State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to this family." In Simmons, the Supreme Court cautioned that "[i]n a State in which parole is available, how the jury's knowledge of parole availability will affect the decision whether or not to impose the death penalty is speculative[.]" Money can't stop gangs. On June 24, 1993, the girls spent the day together.and then died together. 2002); Rudd v. Johnson, 256 F.3d 317, 320 (5th Cir. 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?? In the first version, he admitted to a limited role in raping the girls. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. 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." WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. See Wheat, 238 F.3d at 361 (finding any extension of Simmons to violate Teague); Clark v. Johnson, 227 F.3d 273, 282 (5th Cir. . Vol. PROC. Entry No. CODE CRIM. He said yeah." 2 at 30), he did not make those arguments before the jury. Ertman Pe a. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. 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. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Witnesses described Peter Cantu as absolutely unremorseful about his prominent role in the soul-sickening crime. He was the ringleader in a crime that struck a raw nerve for its Teague v. Lane, 489 U.S. 288 (1989), thus bars relief on these claims. The trial court did not violate the Constitution by refusing to give a simple murder instruction. Instead, Cantu bases his claims on Simmons v. South Carolina, 512 U.S. 154, 169 (1994), which held that when "the alternative sentence to death is life without parole . 13 at 10.) Maybe other people can email to other hosts as well. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. All were sentenced to die. I can only hope that Pres. Create an account to follow your favorite communities and start taking part in conversations. Tr. The State called police officers whose testimony did not reveal any constitutional or statutory violation in the taking of Cantu's statements. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Cantu does not challenge the prosecutor's statements as a separate due process challenge. The jury instructions in the guilt/innocence phase gave the jury only two options: convict Cantu of capital murder or acquit him. Their Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. Even without the photographs, trial testimony painted a vivid image of Cantu's brutality in killing the girls. Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. Cantu's second statement fully harmonized with trial testimony. Although federal law on this issue is not altogether coherent, the state courts' rejection of Cantu's claims was not contrary to, or an unreasonable application of, federal law. 24 at 854. After being informed of and waiving his constitutional rights, Cantu provided two written statements. 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. When the police followed this suggestion, they found the badly decaying bodies of Jenny and Elizabeth. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Joe Cantu asked the group, who was giggling and laughing, what happened. 24 at 857-60. "), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274 (2004). Vol. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Jester Park at White Oak bayou. Cantu argues that trial counsel's performance violated the Constitution when counsel did not object during closing argument as the prosecution emphasized the crime scene photographs. Federal review of the propriety of lesser-included-offense instructions is not so limited. See id. 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. Christina Cantu took that to mean they killed someone. Cantu also unsuccessfully requested a jury instruction on parole. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. 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