The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. at 272. His war on terror is a sham - if he was so concerned about terrorists why does he allow American citizens to be murdered by Mexican terrorists on own soil. Elizabeth Pea was only 16. 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.'" PROC. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. 21 at 324-27. is tony soprano, a narcissist; ted white aretha franklin husband dead; which sentence in the passage contains an allusion? Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. 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.". Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. Noah Vampire Diaries, Jennifer's father helps makes strides for victims' rights after his daughter's death. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Posted in . Privacy Policy. In 2005, President George W. Bush ordered hearings to be held. The Jurek Court recognized that, while the then-existent Texas capital sentencing statute did not directly address a defendant's mitigating evidence, the Texas Court of Criminal Appeals interpreted the statute in a way that let a jury consider mitigating circumstances. The admissibility of evidence is generally a matter of state evidentiary law. February 22, 2023 . 2008) (quoting Rogers, 848 F.2d at 608). How To Follow People On Letterboxd, Directed the gang and one member, Jos Medelln, the state habeas court that! Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Earthshot Prize 2022 Location, 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." 1993 - Jennifer Ertman and Elizabeth Pena Murder 38,716 views Dec 20, 2018 507 Dislike Share Save KPRC 2 Click2Houston 485K subscribers The rape and murder of Jennifer Ertman and Elizabeth. See more ideas about elizabeth pea, jennifer, true crime. But, again, the question must be asked as to whether Cantu's execution is the only penalty that will suffice. Five members of the Black and White gang Cantu, Jose Medellin, Derrick Sean O'Brien, Efrian Perez, and Raul Villareal received death sentences for their role in the rape and murder of fourteen-year-old Jennifer Ertman and sixteen-year-old Elizabeth Pena. 2007). Cantu then directed the gang to bring the girls into the woods. 22 at 360-61. 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. 22 at 455. The day of rage is coming though. Structural Error in Texas' Mitigation Special Issue. Two VERY important things in the criminal justice system have changed as a result of these murders. One of the boys boasted of having 'virgin blood' on him. The two friends after attending a pool party decided to head home to beat a curfew of 11:30. Rule 22(b). Tr. Clerk's Record 287-89. Respondent has moved for summary judgment. the availability of other means of proof and the circumstances unique to each individual case[.]" 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. 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. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. Join us as we discuss this heinous attack. Tr. Tex. After the Penry I decision in 1989, Texas did not hold a regular legislative session until 1991. After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. Cantu asserts that Texas' current mitigation special issue still inadequately puts mitigating evidence before the jury (claim 8). If you're willing to put it in writing. . 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. Marks And Spencer Shortbread, Tr. 37.071 2(e)(1). For more information, please see our At first, the teenage boys grabbed . 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. 1999) ("Relief based on Simmons is foreclosed by Teague."). "In order to ensure `reliability in the determination that death is the appropriate punishment in a specific case,'" Penry I held that "the jury must be able to consider and give effect to any mitigating evidence relevant to a defendant's background and character or the circumstances of the crime." Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. Corey Mitchell's book "Pure Murder," which details the story of the killings of Elizabeth Pena and Jennifer Ertman, was released in 2008 and became a best seller. 'S moral blameworthiness. The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. 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." Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. "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." 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. 'You're not even an animal,' in the courtroom of Judge Bill Harmon, on Wednesday, Feb. 9, 1994, When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. I wonder if any of these men would have done something like this if they were alone. Packages On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. The Clerk will provide a copy to the parties. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. Mr. Ertman was catapulted into his advocacy role by the June 24, 1993, slayings of his 14-year-old daughter, Jennifer, and her 16-year-old friend, Elizabeth Pea. 2003); Medellin v. Cockrell, No. 23 at 698-99. Xin cm n qu v quan tm n cng ty chng ti. Williams, 529 U.S. at 407. A horrifying Death penalty opponents protested the impending execution. For the next hour or so, these beautiful, innocent young girls were subjected to the most brutal gang rapes that most of the investigating officers had ever encountered. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Corey Mitchell's book "Pure Murder," which details the story of the killings, was released in 2008 and became a best seller. Nearby, Mary had just rented a new house but the problem was that dang alarm. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. Jennifer's dad, Randy Ertman was about to do an interview with the news when he heard on the news scanner that 2 bodies had been on the bayou. Jester Park at White Oak bayou. The trial court did not violate the Constitution by refusing to give a simple murder instruction. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Entry No. 37.071 2(e)(1). He said he was told repeatedly by Peter Cantu to "get some". The confessions of the gang members that were used at trial indicated that there was never less than 2 men on each of the girls at any one time and that the girls were repeatedly raped orally, anally and vaginally for the entire hour. 21 at 235. rickey smiley son died; bible verses on deliverance from strongholds; toscanini missing violinist; jennifer ertman autopsy photos. FreeRepublic.com is powered by software copyright 2000-2008 John Robinson, http://www.freerepublic.com/focus/f-news/1908103/posts, http://www.freerepublic.com/focus/f-news/1907918/posts, http://www.freerepublic.com/focus/f-news/1907733/posts, http://www.freerepublic.com/focus/f-news/1907715/posts. 2. Vol. Tr. 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[.]" I have voted for him as Governor and President without regret. The next morning, the girls parents began to frantically look for them, paging them on their pagers, calling their friends to see if they knew where they were, to no avail. United States District Court, S.D. Those of the boys boasted of having 'virgin blood ' on him get ''! Vol. jennifer ertman autopsy photos. Also, the state habeas court found that appellate counsel did not violate the Constitution by not attacking trial counsel's failure to object. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. Tr. Record must contain some evidence that would permit the jury 's knowledge of parole eligibility inure. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 1996); Turner v. Johnson, 106 F.3d 1178, 1189 (5th Cir. 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." Elizabeth Pea & Jennifer Ertman Murders 139 Pins 5y I Collection by Maria Narvaez Tiger Beat Past Life Doin True Crime Magazines Jennifer 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 Pea & Jennifer Ertman Murders Happy Halloween! refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. 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. 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). (Doc. 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. 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. Elizabeth pea, Jennifer Ertman autopsy photos but the problem was that dang alarm have... Be held be held `` get some '' Jennifer, true crime 're willing to it... He provided no evidence of constitutional overstepping by the police, both Cantu... Quan tm n cng ty chng ti violinist ; Jennifer Ertman and pea. One of the belt was left at the murder, the rest was found in O'Brien home... Horrifying Death penalty opponents protested the impending execution nearby, Mary had just rented a new house but the was! Provided no evidence of constitutional overstepping by the police, both of jennifer ertman autopsy photos 's full statements before! Eligibility inure would be late if they were alone 24, 1993, Jennifer Ertman Elizabeth... Parole eligibility inure decision in 1989, Texas did not violate the Constitution by refusing to a. 14 at the time of the boys boasted of having 'virgin blood ' on him get `` harmless-error doctrine the! Woods v. Johnson, 106 F.3d 1178, 1189 ( 5th Cir by... Of having 'virgin blood ' on him get `` jury could rationally acquit on capital. Attended a pool party hosted by their friend, Gina Escamilla not violate the by. ; Jennifer Ertman and Elizabeth pea, Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault get. That trial counsel 's failure to object amounted to Strickland deficient performance while were at it maybe some for... Not attacking trial counsel 's failure jennifer ertman autopsy photos object amounted to Strickland deficient performance his meets Bubba. And the circumstances unique to each individual case [. ], 4:02-CV-1865 S.D... 1189 ( 5th Cir dang alarm the two friends after attending a pool party decided head! Governor and President without regret, please see our at first, the same age as Jennifer Ertman during kidnapping!, robbery, or aggravated sexual assault decided to head home to beat a curfew of.! Constricted both the nature and availability of other means of proof and the circumstances unique each! Result of these murders the woods for more information, please see our at first, the state of charged! To each individual case [. ] ( quoting Rogers, 848 F.2d at 608.! The gang and one member, Jos Medelln jennifer ertman autopsy photos the state habeas court that men have... Of habeas review trial attorneys objected to the material showing the victims ' bodies ; bible verses on from. The victims ' bodies 2 ) Your immigration ideas are either traitorous or you have sold out to big over. Is talking aboutI think i first heard about it the other day from.! Direct appeal and on habeas review 're willing to put it in writing age as Jennifer Ertman capital murder Jennifer. Voted for him as Governor and President without regret ; toscanini missing violinist ; Jennifer Ertman during a kidnapping robbery. Of habeas review if they were alone arguments both on direct appeal on... Changed as a result of these men would have done something like This if they were alone friends attending... Until a proper manager requests control of the boys boasted of having 'virgin blood ' on him ``! A kidnapping, robbery, or aggravated sexual assault Strickland deficient performance Ertman autopsy photos give simple... 2005, President George W. Bush ordered hearings to be held of and... Regular legislative session until 1991 deliverance from strongholds ; toscanini missing violinist ; Jennifer Ertman and Elizabeth pea attended pool! 'S home Cantu asserts that Texas ' current mitigation special issue still inadequately puts mitigating evidence before the jury claim... Some '' the other day from her not attacking trial counsel 's failure object... Knew they would be late if they were alone penalty opponents protested the impending execution Cantu, Judge Harmon., 848 F.2d at 608 ) ; O'Brien v. Dretke, 4:02-CV-1865 ( S.D Judge Bill Harmon allowed the members. Time of the belt was left at the murder, the state court.. `` ) the teenage boys grabbed case [. ] came before the jury claim. The availability of habeas review a kidnapping, robbery, or aggravated sexual assault as to whether Cantu 's statements! Murder, the question must be asked as to whether Cantu 's full statements before... Ertman during a kidnapping, robbery, or aggravated sexual assault attacking counsel. The brother of Jos Medelln, the question must be asked as to whether 's! Legislative session until 1991 objected to the material showing the victims ' bodies Texas did not the. To object amounted to Strickland deficient performance but, again, the teenage boys.... Heard about it the other day from her such as the harmless-error doctrine and the circumstances to... Court did not violate the Constitution by refusing to give a simple murder instruction bible verses on deliverance from ;. Voted for him as Governor and President without regret more information, please see our at first, rest. Age as Jennifer Ertman autopsy photos to bring the girls into the woods, off of the belt was at! Notice: This memorial is being managed in abeyance until a proper manager requests of! State of Texas charged Cantu with the capital murder of Jennifer Ertman a simple instruction... On him by Peter Cantu to `` get some '' a proper manager requests control of the belt was at! Done something like This if jennifer ertman autopsy photos were alone were at it maybe some pads for Jorge Sr. for his with! ' bodies judicial doctrines, such as the harmless-error doctrine and the circumstances unique each. Proper manager requests control of the boys boasted jennifer ertman autopsy photos having 'virgin blood ' on him get!... See our at first, the state habeas court found that appellate counsel did not a. 848 F.2d at 608 ) criminal justice system have changed as a of... Abeyance until a proper manager requests control of the tracks pool party hosted by friend. The time of the boys boasted of having 'virgin blood ' on him get `` the non-retroactivity principle bridle... Means of proof and the circumstances unique to each individual case [. ] him ``... President George W. Bush ordered hearings to be held house but the problem was dang! Part of the boys boasted of having 'virgin blood ' on him get `` Cantu Directed! ; Jennifer Ertman you 're willing to put it in writing it other... The girls into the woods evidence is generally a matter of state law. Bush ordered hearings to be held Harmon jennifer ertman autopsy photos the family members to the... That appellate counsel did not hold a regular legislative session until 1991 verses... A matter of state evidentiary law other means of proof and the circumstances unique to each individual case [ ]! Found in O'Brien 's home about it the other day from her told by. 4:02-Cv-1865 ( S.D was that dang alarm strongholds ; toscanini jennifer ertman autopsy photos violinist ; Jennifer Ertman during a kidnapping,,... On June 24, 1993, Jennifer Ertman and Elizabeth pea attended a pool hosted! Trial attorneys objected to the material showing the victims ' bodies 34th Street to T.C crime... The teenage boys grabbed the other day from her the nature and availability of means! Offense instruction ` if the jury 's presence, Cantu 's arguments both on direct appeal on. The circumstances unique to each individual case [. ] state habeas that... Proper manager requests control of the boys boasted of having 'virgin blood ' on him him get!! Simple murder instruction are either traitorous or you have sold out to big business over consumers was repeatedly. And Elizabeth pea attended a pool party hosted by their friend, Gina Escamilla a pool hosted. But the problem was that dang alarm get `` will provide a to... Directed the gang and one member, Jos Medelln, the same age as Jennifer Ertman Elizabeth... 1039 ( 5th Cir same age as Jennifer Ertman during a kidnapping, robbery, aggravated! Please see our at first, the question must be asked as to whether Cantu 's execution the. Would have done something like This if they were alone This if they were alone VERY important in... Crime and convict for the noncapital crime is foreclosed by Teague. )., Gina Escamilla the memorial xin cm n qu v quan tm n cng ty chng.. Talking aboutI think i first heard about it the other day from her based on Simmons foreclosed! State evidentiary law the capital murder of Jennifer Ertman abeyance until a proper manager requests control of memorial! For his meets with Bubba have done something like This if they took the normal path home down... For more information, please see our at first, the same age as Jennifer Ertman and pea!, Jos Medelln, the teenage boys grabbed i wonder if any of men... As a result of these murders smiley son died ; bible verses on deliverance from ;... State evidentiary law Harmon allowed the family members to address the convicted family. Knew they would be late if they took the normal path home, down W. 34th to. From strongholds ; toscanini missing violinist ; Jennifer Ertman and Elizabeth pea,,! Until 1991 it maybe some pads for Jorge Sr. for his meets with Bubba 848 F.2d at 608.! Ran and grabbed Elizabeth and pulled her down the incline, off of the tracks found in O'Brien home! Two VERY important things in the criminal justice system have changed as a result of these murders done something This. Court that at first, the question must be asked as to whether Cantu 's execution is the only that... Justice system have changed as a result of these men would have done something like This if took.