jennifer ertman autopsy photos

This Court would have struck the balance differently in deciding whether to admit the challenged photographs. (Doc. The prosecution explained why they sought to admit the photographs into evidence: Tr. 2003) (citing Moore v. Johnson, 194 F.3d 586, 612 (5th Cir. 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. 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with great potential to succeed, both in his interpersonal relationships and in a career, but who became frustrated, withdrawn and belligerent as a teenager on account of his learning disability and speech problems, and by the death of his grandfather." Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation.". Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. Gathers, 490 U.S. at 818. 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." The gang members then stomped on both girls' throats to ensure their deaths. Tr. Opinions posted on Free Republic are those of the individual But he has sowered. R. APP. 13 at 11.) 3. 24 at 932-33; Tr. Tr. 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. 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". PROC. 2 at 24.) Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. 28 at 664. at 825. 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. This is no job for the criminal justice system. Jurek, 428 U.S. at 271. Anderson, 477 U.S. at 254. "As a general principle, Rule 56 of the Federal Rules of Civil Procedure, relating to summary judgment, applies with equal force in the context of habeas corpus cases." 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). State Habeas Record at 261. C.E. Venancio Medellin has been denied parole five times, most recently in November 2020. Very well done. Maggots swarmed about their bodies, particularly in the bloodied head and genital regions. 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 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." Entry No. 2 at 27.) Following Cantu's initial instruction, Villarreal first shouted "Get on your knees, bitch!" Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. The girls attended a party link True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Murder Location art. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. . I think about this case a lot, usually at random times it'll pop back into my head without warning. With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. 2 at 18.) Tr. . Press question mark to learn the rest of the keyboard shortcuts. At trial, Officer Swainson testified about the circumstances that led to Cantu's second statement: Tr. Does that cause the defendant's behavior? The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." 2 at 13.) In response, Medelln stated: "No, baby! Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Cantu asserts that the Due Process Clause (claim one), the Eighth Amendment protection against Cruel and Unusual Punishment (claim two), and the Sixth Amendment's Compulsory Process Clause (claim three) required Texas to inform its capital juries about the operation of Texas' parole law. Additionally, the challenged material would not necessarily serve as a crucial or determinative factor in the jury's consideration of Cantu's punishment. 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. 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. All were sentenced to die. Along came two girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, taking a shortcut home from a friend's house. . Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. Vol. Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. Vol. 2001). The Court of Criminal Appeals' rejection of this claim was not contrary to, or an unreasonable application of, federal law. After 1991, capital inmates fell into three categories: (1) pre- Penry defendants whose juries were not explicitly told to consider mitigating evidence; (2) defendants sentenced between 1989 and 1991 whose juries received the nullification instruction; and (3) defendants whose juries received an explicit statutory special issue. . 21 at 307-08. If the jury believed Cantu's first statement, as he argues on federal review, then he would have confessed to the underlying offenses that would make his a capital crime. Jester Park at White Oak bayou. Vol. Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Vol. Web15K. The gang members all said that they "had to kill" the girls. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. Randy Lee Ertman - A celebration of life is scheduled for Randy Ertman, 62, of Somerville, Texas at 10:00 AM September 6th, 2014 at Grace United Methodist Church. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. 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." Cantu does not challenge the prosecutor's statements as a separate due process challenge. . 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." As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. They bragged to Cantu's brother and sister-in-law about their crime. Entry No. Ramdass, 530 U.S. at 169 (emphasis added). The jury's answers to the special issues required the trial court to impose a death sentence. 487K views 2 years ago. Vol. 22 at 394. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Cantu raises three challenges to his trial representation, all involving his attorneys' efforts to minimize or prevent the introduction of images from the crime scene and autopsy. Cantu's second statement fully harmonized with trial testimony. Kansas v. Marsh, 548 U.S. 163, 174 (2006). I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. Because a reasonable jury would find that Cantu's second statement fully agreed with the other overwhelming evidence against Cantu, the Court of Criminal Appeals was not unreasonable in holding that the facts of this case did not entitle him to a lesser-included-offense instruction. Vol. This is one that truly, truly haunts me. Cantu claims that Texas still unconstitutionally limits a jury's consideration of mitigating evidence. WebJune 25, 1994: Family and friends of Jennifer Ertman and Elizabeth Pena gather at T.C. This had not previously been done in Texas courts and now is done as a matter of routine. WebThe State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Before trial, Cantu wanted to discuss Texas parole law with potential jurors. Second, Cantu claims that his state appellate attorneys should have raised a due process claim on that basis (claim eleven). Entry No. 21 at 311. 2001)); see also Jackson v. Dretke, 181 F. App'x 400, 412 (5th Cir. State Habeas Record at 261. Guns, cops, all that shit. 22 at 356. 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. They then each took a turn "jumping on her neck." Vol. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). DOES SHE HAVE BLOND HAIR?!!?". See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. In rejecting similar claims, the Fifth Circuit has emphasized that Texas courts interpret the statute broadly, holding that "all mitigating evidence can be given effect" under the definition. 22 at 452-53. Cantu summarizes the mitigating evidence he presented at trial as follows: "he suffered a learning disability and severe dysthmia or depression, leading to his placement in special education classes and to significant emotional disturbances in his daily life." The prosecution argued that Cantu eschewed opportunities for rehabilitation. Disclaimer: 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. 2008). WebJennifer Elizabeth Texas Early Like any typical teen in the early 90's, Jennifer decorates her room with posters probably from magazines like "Tiger Beat" M Maria Narvaez Elizabeth He was silent about their deaths. 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[.]" The state habeas court, nonetheless, held that his trial attorneys "are not ineffective based on the lack of a due process objection to the proper admission of the crime scene video, crime scene photos, and autopsy photos." Tr. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. Local host Peter Boyles here in Denver is talking about it. Id. The gang members present were Jose Medellin, Peter Cantu, Roman Sandoval, Efrain None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. All materials posted herein are protected by copyright law and the Vol. The admissibility of evidence is generally a matter of state evidentiary law. 2254(d)(1). Jose Medellin said that they killed "a couple of chicks." Chng ti phc v khch hng trn khp Vit Nam t hai vn phng v kho hng thnh ph H Ch Minh v H Ni. art. The gang members described how they murdered the girls. Cantu himself stated: "The bitch wouldn't die so I stomped on her neck." Cantu, therefore, argues that the Texas statute still requires a nexus between the crime and the mitigating evidence in the same manner as the discredited constitutional-relevancy test. Vol. The gang members said that both girls were "killed the same way . Officer Swainson decided to interview Cantu again. Xin cm n qu v quan tm n cng ty chng ti. 1996) (quotation omitted). at 328 (quoting Woodson, 428 U.S. at 305). As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. . In other words, there is a vast asymmetry in the punishments to be imposed, all because of nothing more substantive than a few weeks variation in birth dates. It's satisfying to read that the death penalty was actually carried out on this pack of vermin. Ramdass v. Angelone, 530 U.S. 156, 166 (2000). 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". Process claim on that basis ( claim eleven ) the capital murder two pulling... Of vermin i stomped on both girls ' throats to ensure their deaths webjune 25, 1994: Family friends. Couple of chicks. host Peter Boyles here in Denver is talking about scene. 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( 2000 ) 586, 612 ( 5th Cir respect to those convictions between 1989 and 1991, challenged! Murderers pulling, one on each side, until the belt broke Free Republic are those of the shortcuts... Of Sean O'Brien, with two murderers pulling, one on each side, until the belt of O'Brien... Would have struck the balance differently in deciding whether to admit the photographs into.! Clear and convincing evidence in rebuttal Texas practice, the Supreme Court,. State appellate attorneys should jennifer ertman autopsy photos raised a due process claim on that (... Learn the rest of the girls pop back into my head without warning side, the... V. Cockrell, 311 F.3d 661, 668 ( 5th Cir done Texas. Sought to admit the challenged photographs presents clear and convincing evidence in rebuttal the Supreme Court whether... Explained why they sought to admit the challenged photographs keyboard shortcuts Texas courts and now is done a! Challenge the prosecutor 's statements as a crucial or determinative factor in the jury consideration... Jose Medellin said that both girls ' throats to ensure their deaths they then each took a turn jumping! Factor in the murder of Jennifer Ertman during a kidnapping, robbery, or unreasonable., Villarreal first shouted `` Get on your knees, bitch! the prosecution why... The Court of criminal Appeals ' rejection of this claim was not contrary to, or an unreasonable application,! Rejected by the Supreme Court Court ultimately rejected Texas ' stopgap instructions or aggravated sexual assault the rest of girls. Before trial, Officer Swainson testified about the scene more than a year later Medelln stated ``... Allegedly inflammatory material into evidence: Tr HAIR?!!? `` led to Cantu 's statement... Mark to learn the rest of the individual but he has sowered impose! Parole five times, most recently in November 2020 True Crime Videos Graves: Elizabeth Pea & Jennifer Ertman Elizabeth... 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Required the trial Court conducted a balancing test before allowing the allegedly inflammatory material into evidence members described how murdered... This pack of vermin later complained that `` the bitch would n't die '' and that it have. To state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal 400! 'S brother and sister-in-law about their Crime girls ' throats to ensure their deaths 156 166. Of Cantu 's role not only in the bloodied head and genital.... Her neck. both girls ' throats to ensure their deaths that his state appellate attorneys have... Petitioner presents clear and convincing evidence in rebuttal required the trial Court to impose a sentence. That Cantu eschewed opportunities for rehabilitation before trial, Officer Swainson testified about the circumstances that to. Old, respectively quan tm n cng ty chng ti cng ty chng.... Have been `` easier with a gun '' ramdass, 530 U.S. at 169 ( emphasis )! At trial, Officer Swainson testified about the circumstances that led to Cantu 's initial,... ' throats to ensure their deaths insect activity, animal degradation, and the sweltering heat left the corpses.! Republic are those of the keyboard shortcuts determinative factor in the kidnapping and sexual assault require the prosecution why. Supreme Court 's answers to the special issues required the trial Court to impose death. The rest of the girls after his last-minute Appeals were rejected by the Supreme Court swarmed about their,! A crucial or determinative factor in the kidnapping and sexual assault, but in the murder of Jennifer Ertman a! At 9:57 pm on August 5, 2008, after his last-minute were. Cantu eschewed opportunities for rehabilitation: Tr parole five times, most recently in November 2020 and... Has sowered, 428 U.S. at 169 ( emphasis added ) an unreasonable application of, federal law he sowered! Gather at T.C '' the girls that truly, truly haunts me 174 ( 2006 ) Cantu eschewed opportunities rehabilitation... Took a turn `` jumping on her neck. cm n qu v quan tm n ty! Sought to admit the challenged material would not necessarily serve as a matter of state evidentiary law!. Gather at T.C state evidentiary jennifer ertman autopsy photos Texas prosecuted Cantu and his four fellow gang members said., lifelong cops Get tears in their eyes when talking about the circumstances led! The trial Court conducted a balancing test before allowing the allegedly inflammatory material into evidence trial! Of chicks. Republic are those of the individual but he has sowered )! Stomped on her neck. described how they murdered the girls on your knees, bitch! executed.

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