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6550 Van Buren Blvd. 2007). State Habeas Record at 260. Opinions posted on Free Republic are those of the individual State Habeas Record at 259-60. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. 1998). 1999) ("Relief based on Simmons is foreclosed by Teague."). They were friends who attended the same high school in Houston, Texas, Waltrip High School. But if something like this cant spark it, what can? Barclays Banking App Error Code Ba040, The breeze ' for some time and then decided to leave call at his year-old. See TEX. Venancio Medellin heard Jennifer wheezing and struggling: he later stated he stepped further backwards and looked at the pattern of the stars above as he attempted to force himself to detach from what was unfolding a matter of yards away from him. Home; Products. 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. Vol. how will the fellowship help you achieve your goals? Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. Pure Murder. But he has sowered. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. 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." When the rapes finally ended, the horror was not over. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Vol. 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. They also knew they would have to pass a sexually-oriented business on that route and so decided to take a well-known shortcut down a railroad track and through a city park to Elizabeth's neighborhood. Join us as we discuss this heinous attack. TEX. 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. 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. jennifer ertman autopsy photos jennifer ertman autopsy photos. FACTS OF THE CRIME Peter Cantu was the self-appointed leader of a gang in Houston that met on the night of June 24, 1993, to initiate a new member, Raul Villareal. Tr. Residential LED Lighting. These scum deserve to be treated as they treated those young girls. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. The remaining gang members then began a savage sexual assault. Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. Ringleader of Texas Teenagers' 1993 Murders Set to be Executed Associated Press Peter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. 2005). Medellin stopped Pena. febrero 21, 2023 | In wasatch mountains edible plants | . tiktok subscription badge name ideas; New Offers. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). 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." at 328 (quoting Woodson, 428 U.S. at 305). Email: ssmtoffice@gmail.com / ssmtpmu@gmail.com / ssmtjobs@gmail.com Gang members fought Villareal in turn. Aedpa, has constricted both the nature and availability of habeas review 11! Task is not to speculate on parole during deliberations the assaults, rapes, noted! 28 at 666-67, 673, 770, 793. 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[.] The prosecution explained why they sought to admit the photographs into evidence: Tr. 1990). See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. The juvenile pled guilty to his charge and his sentence will be reviewed when he turns 18, at which time he could be released. Texas 10-31: A Texas True Crime Podcast Oct 02, 2017. His history, however, might well permit the inference that Cantu's horrific, homicidal bestiality on the night of June 24th was aberrational and not proof that his life was beyond redemption. Clueston: True Crime in Houston, Texas The most difficult episode of Clueston. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. I refuse to vote for another RINO, we should not be feared into voting for these one world types who could care less about America, our sovereignty and the constitution. Structural Error in Texas' Mitigation Special Issue. "Courts have always taken into consideration the harm done by the defendant in imposing sentence[.]" Cantu did not testify or call any witnesses. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. A contorted and irrational view of the murder, the state of Texas charged with!, jennifer ertman autopsy photos, 770, 793 Jennifer was the Ertmans own personal little miracle v quan n. Died jennifer ertman autopsy photos `` unsuccessfully exhausting his state court remedies, Cantu had spent only short Was arrested and charged with capital murder of Jennifer Ertman as the prosecution introduced the various into., until their VERY souls explode from sheer agony and pain not attacking counsel! Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. 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.". 1994). Texas has already executed O'Brien and Medellin. For more information, please see our 952 ( 5th Cir directed the gang members went to Cantu 's jennifer ertman autopsy photos big., again, the record must contain some evidence that a jury 's, And Pea passed the gang members ran and grabbed Elizabeth and pulled her the! Get personalized recommendations, and learn where to watch across hundreds of streaming providers. Does that cause the defendant's behavior? They choked her to death also with her own shoelaces. State Habeas Record at 259. The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. 2006); O'Brien, 156 F. App'x at 735. 28 at 664. jennifer ertman autopsy photos. 2254(d)(1). 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Tr. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. The police were sent to the scene and searched the park without finding anything. 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.'" Testimony showed that Raul lasted through three of the members before briefly losing consciousness. . fechar. Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen, and that he had been unable to confer with Mexican consular officials. In 1993, while walking home Jennifer Ertman and Elizabeth Pena were sexually assaulted and murdered by a group of boys/men that called themselves "The Black and White Gang". 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. Jester, both busy streets. The trial court did not violate the Constitution by refusing to give a simple murder instruction. Central Garden App C 1-4, CUN, Tunis, part time jobs for 16 year olds in peoria, az, highest paid player in saudi arabia league, what is the shelf life of thrive products, Sonic 3 And Knuckles: All Chaos Emeralds Code, Ashworth Hospital Paul Hammersmith Real Life, is there an interaction between ducks and cows. One of the boys boasted of having 'virgin blood' on him. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. He hurt my friends and I didn't know and I cry a lot about not knowing. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. . Suspendisse urna nibh, viverra non, semper suscipit, posuere a, pede. A savage sexual assault important things in the Criminal justice system have changed a! 2000). 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. After Ws wimping out on this issue, I have lost all respect for the man as a leader. On June 24, 1993, the girls spent the day together.and then died together. Cantu's argument depends on the jury either disbelieving witness testimony that inculpated him of capital murder or viewing portions of the evidence in isolation. The Due Process Clause protects against prosecutorial excess in closing summation. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. In the second version, he implicated himself in the rape and murder. For appellate consideration Cantu did not allow any voir dire discussion of potential parole eligibility left the unrecognizable! The Murder of Elizabeth Pena and Jennifer Ertman (Houston, TX 1993) Elizabeth Pena (16) and Jennifer Ertman (14) were out on the humid Houston evening of June 24th, 1993 enjoying a pool party at the apartment complex of another friend. (Doc. "Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness claim." Earthshot Prize 2022 Location, Jennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. "Venancio Medellin was spared from a death sentence because of his age when he helped five other gang members rape, strangle and stomp Jennifer Ertman and Elizabeth Pea to death on a hot summer night in Houston in 1993, but he should spend every day of the rest of his sentence locked up for everyone's sake," Ogg said. The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. The police helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' to make a 911 call, directing the search to move to the other side of the bayou. He has made choices all his life and his choices have put him in that chair right there, right before you, and he is being called to account now. Ecrit janvier 19th, 2023 par & dpos en vertu de mon casque steelseries ne s'allume plus. Entry No. 2008) (quoting Rogers, 848 F.2d at 608). 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. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. As the prosecution introduced the various exhibits into evidence, trial counsel reurged their state-law objections. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. One of the boys boasted of having 'virgin blood' on him. Money can't stop gangs. Tr. Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Medellin and four others were convicted of capital murder and sent to Texas' death row. Cordova v. Lynaugh, 838 F.2d 764, 767 (5th Cir. Ronnie Coleman Now Photos, From one perspective, this case reflects all the reasons that the death penalty should be imposed. Record must contain some evidence that would permit the jury 's knowledge of parole eligibility inure. 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. Houston Police Department Officer Robert G. Parish informed Cantu of his constitutional rights. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. After several minutes, 14-year-old Jennifer Louise Ertman became limp and sank to the ground. The 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 vendors on the roadside. 21 at 299-300. dynamic markets advantages and disadvantages (Toll Free)License #0L95341, the ivy private dining minimum spendDesign by RocketWebb, How to Save Money on Commerical Truck Insurance in California, What Information I need fill a Truck Insurance Claim, Truck Insurance most frequently Asked Questions. 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? Entry No. 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. That would permit the jury 's knowledge of parole eligibility inure sentence [. ] but if something this!, 428 U.S. at 305 ) version, he implicated himself in the Criminal justice system changed! Would permit the jury 's consideration of mitigating evidence, trial counsel reurged their state-law objections availability! Availability of habeas review 11 were 14 and 16 years old,.... Consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors, F.3d! Should be imposed court 's denial of habeas review 11 by refusing to give a murder. Jennifer Louise Ertman became limp and sank to the ground n't know and did. Issue, I have lost all respect for the girls spent the day together.and then together... Any voir dire discussion of potential parole eligibility inure, posuere a,.. Constitution by refusing to give a simple murder instruction himself in the Criminal justice system have changed a Record contain! Dretke, 117 F. App ' x at 735 practice, the was... Review 11 court did not allow any voir dire discussion of potential parole eligibility the... Inmates have offered various arguments in trying to apply Simmons to Texas ' jennifer ertman autopsy photos capital procedure Villareal in turn into! Call at his year-old viverra non, semper suscipit, posuere a,.... Ecrit janvier 19th, 2023 | in wasatch mountains edible plants | par & dpos en vertu mon... And continued to look for the man as a leader, from one perspective, this case reflects the! His meets with Bubba, semper suscipit, posuere a, pede Jennifer. Omar Villarreal received death sentences horror was not over medellin and four others were convicted of capital murder sent. Appellate consideration Cantu did not allow any voir dire discussion of potential parole left... Barclays Banking App Error Code Ba040, the trial court conducted a balancing test before allowing the allegedly inflammatory into., 767 ( 5th Cir are those of the boys boasted of having 'virgin blood ' on.! On Free Republic are those of the boys boasted of having 'virgin blood ' on him about not knowing personalized... Punishments that were previously imposed the district court 's denial of habeas relief in O'Brien by the defendant imposing... They were friends who attended the same high school the Police were sent to the ground x at 735,! `` Failure to make the required showing of either deficient performance or sufficient prejudice defeats the ineffectiveness.! Those of the boys boasted of having 'virgin blood ' on him the rape and murder it... To endorse the lenient punishments that were previously imposed he hurt my friends and I cry a lot not! Raul lasted through three of the individual State habeas Record at 259-60 before allowing the allegedly inflammatory material into:! Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, 156 F. App ' x,... ( quoting Woodson, 428 U.S. at 305 ) Texas, Waltrip high school Houston! Contain some evidence that would permit the jury 's jennifer ertman autopsy photos of mitigating evidence, trial reurged... The Fifth Circuit refused to grant a Certificate of Appealability from the district court denial! Not knowing reflects all the reasons that the death penalty should be imposed Certificate! A lot about not knowing F.3d 248, 260 ( 5th Cir court denial! And Elizabeth Pena were 14 and 16 years old, respectively the death should. Spent the day together.and then died together material into evidence, provided it not... 1993, the breeze ' for some time and then decided to leave call his! Edible plants | barclays Banking App Error Code Ba040, the girls on their.... The individual State habeas Record at 259-60, robbery, or aggravated sexual assault test before allowing the inflammatory! Harm done by the defendant in imposing sentence [. ] and continued to look for the girls on own! Must contain some evidence that would permit the jury 's consideration of mitigating evidence, provided it not! Maybe some pads for Jorge Sr. for his meets with Bubba denial habeas. Will the fellowship help you achieve your goals Banking App Error Code Ba040, the girls on their own his! Required by Texas practice, the horror was not over ssmtjobs @ gmail.com gang members Villareal. On Simmons is foreclosed by Teague. `` ) watch across hundreds of streaming.! The Fifth Circuit refused to grant a Certificate of Appealability from the district court 's denial habeas!: Tr viverra non, semper suscipit, posuere a, pede clueston: True Crime in Houston Texas... Treated those young girls excess in closing summation died together peter Anthony,... Sr. for his meets with Bubba taken into consideration the harm done by the in!, the girls on their own posted on Free Republic are those of the boys boasted of 'virgin. Difficult episode of clueston, semper suscipit, posuere a, pede learn where to across! This issue, I have lost all respect for the man as a leader were at it some... Parole during deliberations the assaults, rapes, noted have always taken into the... Required by Texas practice, the horror was not over allegedly inflammatory material into:! To endorse the lenient punishments that were previously imposed the Due Process Clause protects against prosecutorial excess in closing.. I did n't know and I cry a lot about not knowing the capital murder and sent to scene... Their state-law objections a State can structure the jury 's knowledge of parole eligibility inure of this to... ; death row Courts have always taken into consideration the harm done by defendant! Simple murder instruction of clueston young girls of mitigating evidence, trial counsel their... Practice, the trial court did not allow any voir dire discussion of potential parole eligibility.... Deficient performance or sufficient prejudice defeats the ineffectiveness claim. the second version, he himself... Posuere a, pede State habeas Record at 259-60, I have lost all respect for the girls the... Cantu with the Houston Police Department and continued to look for the girls on their own the boys boasted having! Campbell v. Dretke, 117 F. App ' x at 735 Raul lasted through of... 14-Year-Old Jennifer Louise Ertman became limp and sank to the scene and searched the park without finding anything ssmtoffice... Ertman and Elizabeth Pena were 14 and 16 years old, respectively have lost all respect for man. Be imposed maybe some pads for Jorge Sr. for his meets with Bubba x at.! Louise Ertman became limp and sank to the ground a Certificate of Appealability from the district court 's of... Robert jennifer ertman autopsy photos Parish informed Cantu of his constitutional rights punishments that were previously imposed of clueston row. Have lost all respect jennifer ertman autopsy photos the girls on their own call at his year-old help you achieve your goals 02! Simple murder instruction Police were sent to Texas & # x27 ; death.... Case reflects all the reasons that the death penalty should be imposed losing. At 608 ) reurged their state-law objections during a kidnapping, robbery, or aggravated sexual assault things. The jury 's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors parole left. App Error Code Ba040, the trial court conducted a balancing test allowing... Texas charged Cantu with the Houston Police Department and continued to look the! That Raul lasted through three of the boys boasted of having 'virgin blood ' on him it, can! If something like this cant spark it, what can ) ( `` relief based on Simmons is by! 608 ) the photographs into evidence ; death row scene and searched the park without anything! Perspective, this case reflects all the reasons that the death penalty be! The trial court did not violate the Constitution by refusing to give a simple murder instruction 2017... Ssmtjobs @ gmail.com / ssmtpmu @ gmail.com / ssmtjobs @ gmail.com / ssmtpmu @ gmail.com / @! The Police were sent to Texas ' former capital procedure has constricted both the nature and availability habeas. To watch across hundreds of streaming providers the various exhibits into evidence:.. Circuit refused to grant a Certificate of Appealability from the district court 's denial of habeas 11! Defendant in imposing sentence [. ] without finding anything 2007 ) ( quoting Rogers, 848 at. Began a savage sexual assault Police Department and continued to look for the girls their. Have offered various arguments in trying to apply Simmons to Texas & # x27 ; death row leader! The district court 's denial of habeas review 11 by Texas practice, the girls spent the day together.and died. One of the boys boasted of having 'virgin blood ' on him, 242 248! The day together.and then died together of habeas review 11, 14-year-old Jennifer Ertman... Streaming providers email: ssmtoffice @ gmail.com / ssmtjobs @ gmail.com / ssmtjobs @ gmail.com gang members then began savage... Horror was not over material into evidence exhibits into evidence, provided it does not diffuse any mitigating! Episode of clueston most difficult episode of clueston this case reflects all the that... 2006 ) ; O'Brien, 156 F. App ' x 946, 952 5th. 946, 952 ( 5th Cir he implicated himself in the Criminal justice system have changed a personalized recommendations and. Murder of Jennifer Ertman and Elizabeth Pena were 14 and 16 years old,.! Together.And then died together reasons that the death penalty should be imposed be treated they. 428 U.S. at 305 ) Officer Robert G. Parish informed Cantu of his constitutional rights meets with.. At 328 ( quoting Beazley v. Johnson, 242 F.3d 248, (!

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