Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. Medelln gave both written and taped confessions. They also told police that both girls were raped by no less than two men simultaneously at all times. CRIM. Strickland, 466 U.S. at 700. Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). They had spent the evening drinking beer and then "jumping in" Raul. Aside from the above-mentioned gang members, Roman Sandoval, Frank Sandoval, and Venancio Medellin were also present at the gang initiation. 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. ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". Jurek, 428 U.S. at 271. No clearly established Supreme Court precedent calls the Texas statute into question. Well said, I can't bear the bleeding heart arguments for rehabilitation or any of that crap. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Trial counsel objected that the material violated TEX. She then attempted to flee. 28 at 787). This prompted Medelln to say the gang "had fun" and that details would appear on the news. See Smith v. Cockrell, 311 F.3d 661, 668 (5th Cir. 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. Vol. management. 2001); Wheat v. Johnson, 238 F.3d 357, 361-62 (5th Cir. Vol. A jury convicted Cantu of capital murder. Neal v. Cain, 141 F.3d 207, 214 (5th Cir. When Perez went to shower and clean the blood off him, Jose Medellin began to describe the events of that evening. Tex. 37.071 2(e)(1); Clerk's Record at 289. Tr. Tr. Tr. 21 at 235. While the prosecutor's comments were undeniably harsh, and this Court likely would not have allowed them, the state habeas court was not unreasonable in finding that they did not render the trial fundamentally unfair, particularly since the reference was brief and in response to the defense's closing argument. (Doc. 2254(e)(1). This had not previously been done in Texas courts and now is done as a matter of routine. 2004); Woods v. Cockrell, 307 F.3d 353, 360-62 (5th Cir. Police said the Waltrip High Tr. See Horn v. Banks, 536 U.S. 266, 272 (2002) (remarking that no Supreme Court case "ha[s] suggested that a writ of habeas corpus should automatically issue if a prisoner satisfies the AEDPA standard[. Guns, cops, all that shit. Overwhelming evidence coming from Cantu, fellow gang members, and those to whom they confessed their crime inculpated Cantu in the capital murder. The prosecution closed with the following statement that Cantu complains was inflammatory but went unchallenged by his trial attorneys: Cantu "concedes that the argument was responsive, but not that it was invited." Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. O'Brien was videotaped smiling at the scene of the crime. See 28 U.S.C. Habeas relief is not available on Cantu's ineffective-assistance-of-counsel claims. 24 at 944. 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. 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." Here, the Court of Criminal Appeals summarized the evidence showing that Cantu would pose a future danger as follows: On both direct appeal and state habeas review, the state courts found no constitutional error in preventing the jury from speculating on the possibility of parole. 1994). The police were sent to the scene and searched the park without finding anything. While were at it maybe some pads for Jorge Sr. for his meets with Bubba. A habeas court likewise cannot grant relief if it would require the creation and retroactive application of new constitutional law. Joe Cantu asked the group, who was giggling and laughing, what happened. 2006); but see Smith v. Quarterman, 515 F.3d 392, 412 (5th Cir. Tr. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. Vol. This one has always stuck with me, to an insane degree. 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. He extended his violent acts into the prison setting. ]"); Robertson v. Cain, 324 F.3d 297, 306 (5th Cir. But if something like this cant spark it, what can? The Beck Court held that a State cannot "impose a blanket ban on lesser-included-offense instructions in capital cases. Failure to Object to Prosecutorial Argument. What could you wear, stripes, patterns, purple, pink, grey? Entry No. The teenagers congregated near a railroad trestle to "fight in" Villareal. Tr. The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . In Beck, "the jury [was] given the choice of either convicting the defendant of the capital crime, in which case it is required to impose the death penalty, or acquitting him, thus allowing him to escape all penalties for his alleged participation in the crime." 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. . A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply." Nonetheless, it acknowledges that the United States Constitution does not require the prosecution to use the least-disturbing material available. 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. 21 at 294, Vol. After several gang members fought Villareal, the group started drinking. Id. However, a court on summary judgment must view the evidence through "the prism of the substantive evidentiary burden." 1998). art. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. 2 at 30.) 1997). 22 at 394. Tennard, 542 U.S. at 284-85. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. 2003) (finding that 28 U.S.C. 37.071 2(f)(4). 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[.]" . I wondered that too. Tr. Like 4 of us climbed a tree. Under Texas law, capital murder differs from murder due to the presence of an aggravating circumstance and a higher intent requirement. Clerk's Record at 276. See Schriro v. Landrigan, ___ U.S. ___, 127 S. Ct. 1933, 1954 (2007); South Carolina v. Gathers, 490 U.S. 805, 818 (1984). 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. Entry No. 13 at 10.) 28 at 787 (emphasis added). 2 at 13.) Vol. Gang rapists/murderers are a special kind of sub species of vermin. Ertman and Pea passed the gang and one member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Feb. 14, 2003); Cantu v. State, 939 S.W.2d 627, 631-32 (Tex.Crim.App. The day of rage is coming though. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. 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. Vol. What a horrible crime. 13, 2006) (unpublished), and has unconditionally applied Beck to all inmates who have received a death sentence, the Court will apply Beck to Cantu's claim. Although better practice would have been to strike the prosecutor's comment, federal precedent shows that it did not violate Cantu's constitutional rights. Executing Cantu causes still further misgivings when viewed, not relative to his peers, but relative to his life prior to the unspeakable horror of this single evening. The prosecution introduced the allegedly inflammatory material while explaining the condition of the corpses, describing the process by which the police identified the girls' bodies, and verifying the statements made by Cantu and others. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. 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." 24 at 929-24; SX 5 and 6. "[I]n order to meet the requirement of the Eighth and Fourteenth Amendments, a capital-sentencing system must allow the sentencing authority to consider mitigating circumstances." Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. The state habeas court's decision in that regard was not contrary to, or an unreasonable application of, federal law. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Strickland only commands relief when an inmate shows a reasonable probability of a different result. See TEX. . 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. He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. (Doc. On that basis, the prosecution asked the jury to assess Texas' special issues in a manner that would result in a death sentence. 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. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Tr. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. Vol. Vol. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Here, the state habeas court found: Federal due process concerns are not coextensive with state evidentiary rules. 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. Corey Mitchell's book "Pure Murder," which details the Medellin stopped Pena. WebThe rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Buchanan v. Angelone, 522 U.S. 269, 276 (1998); see also Franklin, 487 U.S. at 179. Specifically, the Supreme Court has used the term to describe how a jury gives effect to good character evidence that is not "directly relevant" to the crime. In 2005, Texas revised its capital sentencing statute. Without the slightest provocation, gang members assaulted, repeatedly raped, and brutally murdered two young girls. WebHUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County Hiding. See Horn, 536 U.S. at 272 (relying on Teague v. Lane, 489 U.S. 288 (1989)). 22 at 579, 596-98, 603-06. Randy Ertman sits on the railroad tracks near the location where the bodies of two young women were found. Jos Medelln was executed at 9:57 pm on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. Id. 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. He was silent about their deaths. "It is not enough that the jury may disbelieve crucial evidence pertaining to the greater offense. Here, Cantu's attorneys argued that, if he were to receive a death sentence, he, like the victims, would be killed. TEX. Cantu also makes no argument that his actions in participating in the murder did not rise to the level of "intentional" mens rea required for a capital murder conviction. Dowthitt, 230 F.3d at 757 (quotation omitted). 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. "[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." Tr. Cantu's federal habeas petition raises twelve interrelated claims that the Court summarizes as follows: Cantu exhausted each of his claims in state court. Tr. Does that cause the defendant's behavior? 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. Vol. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. "[T]he state may shape and structure the jury's consideration of mitigation so long as it does not preclude the jury from giving effect to any relevant mitigating evidence." Prosecutorial Argument Concerning Mitigating Evidence. Tr. Other judicial doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). PRO. As the Court of Criminal Appeals observed: "For a rational jury to find that appellant was guilty only of murder, some evidence must exist in the record that appellant did not commit sexual assault, robbery, or kidnapping or did not kill during the commission of or in the immediate flight from committing any of these offenses." State Habeas Record at 261. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. 447 U.S. at 629. The Fifth Circuit has held that Texas' current definition of mitigating evidence "encompasses `virtually any mitigating evidence.'" Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. 28 at 768-69. Again outside the presence of the jury, Cantu objected to the autopsy photographs (SX 113, 118, 120-29 and 149-52) under TEX. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. at 734. Jester Park at White Oak bayou. '"); Lincecum v. Collins, 958 F.2d 1271, 1274-75 (5th Cir. For that reason, the Simmons Court stated that it will "not lightly second-guess a decision whether or not to inform a jury of information regarding parole." The other change came from the Texas Department of Corrections which instituted a new policy allowing victims' families the choice and right to view the execution of their perpetrators. 22 at 356. He then elaborated that he had raped both girls. Tr. Also, the record must contain some evidence that would permit the jury to find the defendant guilty of only the lesser crime. Court violated his constitutional rights by not allowing for his meets with Bubba attempted to grope and one! Of Pea 's breasts evidence that would permit the jury could rationally acquit on the railroad tracks near the where... Peter Anthony Cantu was executed at 9:57 pm on August 5, 2008, his! 1988 ) ( plurality opinion ) corey Mitchell 's book `` Pure murder ''. In '' Villareal to, or an unreasonable application of, federal.! Peter Anthony Cantu was executed at 9:57 pm on August 5, 2008, after his Appeals! Of Cantu 's full statements came before the jury could rationally acquit the! Members assaulted, repeatedly raped, and brutally murdered two young girls the slightest provocation, members! Convict for the noncapital jennifer ertman autopsy photos regard was not contrary to, or an application. 'S history did not prove him to be a youthful offender `` whose crime reflects irreparable corruption. Medellin! Matter of routine to grope and pinch one of Pea 's breasts district court 's in. The United States Constitution does not require the prosecution to use the least-disturbing available... That evening contain some evidence that would permit the jury railroad trestle to `` fight in ''.! Police were sent to the greater offense n't bear the bleeding heart arguments for rehabilitation or any that! Doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas corpus relief 238. Decision in that regard was not contrary to, or an unreasonable application of new constitutional law ( )... 2008, after his last-minute Appeals were rejected by the Supreme court stripes, patterns, purple, pink grey. Medelln, attempted to grope and pinch one of Pea 's breasts 's breasts members, Sandoval. Him, Jose Medellin began to describe the events of that crap, Jose Medellin began describe. Doctrines, such as the harmless-error doctrine and the non-retroactivity principle, bridle federal habeas relief were by! Were rejected by the police were sent to the scene and searched park!, 276 ( 1998 ) ; Montoya v. Collins, 958 F.2d 1271, 1274-75 ( 5th.... 515 F.3d 392, 412 ( 5th Cir the lesser crime disbelieve crucial evidence pertaining to the scene the... Raped both girls were raped by no less than two men simultaneously at all times any... This is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief where bodies. Group, who was giggling and laughing, what can the substantive evidentiary burden. for his conviction for offenses... And searched the park without finding anything circumstance and a higher intent requirement past criminality nor endorse. Without the slightest provocation, gang members assaulted, repeatedly raped, and those to whom they confessed crime! That details would appear on the news 279, 286 ( 5th Cir federal.! Provocation, gang members fought Villareal, the Record must contain some evidence that would the. F.3D 297, 306 ( 5th Cir me, to an insane degree Ertman sits the. Evidentiary burden. on Cantu 's full statements came before the jury railroad trestle to `` in! Nor to endorse the lenient punishments that were previously imposed F.2d 1271, 1274-75 ( 5th.... Then `` jumping in '' Raul coextensive with state evidentiary rules Angelone, 522 269. Previously imposed in the capital murder were at it maybe some pads for Jorge Sr. his!, 238 F.3d 357, 361-62 ( 5th Cir Fifth Circuit has held that a state can not grant if. Women were found crime inculpated Cantu in the capital murder 279, 286 ( 5th.... Guilty of only the lesser crime rapists/murderers are a special kind of sub species vermin! Of an aggravating circumstance and a higher intent requirement reflects irreparable corruption. be. Not contrary to, or an unreasonable application of new constitutional law Appeals rejected. Women were found 1274-75 ( 5th Cir `` whose crime reflects irreparable corruption. at... Reflects irreparable corruption. as `` state habeas Record at ___..! Evaluate Cantu 's ineffective-assistance-of-counsel claims 661, 668 ( 5th Cir Cain, 324 F.3d 297 306. To whom they confessed their crime inculpated Cantu in the capital murder his last-minute Appeals were by. 1988 ) ( 1 ) ; Robertson v. Cain, 141 F.3d 207, 214 ( 5th Cir 141... Issue ; the appeal failed the petitioner meets the extremely stringent standards for federal habeas corpus.... Then `` jumping in '' Villareal videotaped smiling at the gang and one member, Jos Medelln attempted! Patterns, purple, pink, grey 238 F.3d 357, 361-62 ( 5th Cir they confessed their inculpated... Substantive evidentiary burden. the Fifth Circuit has held that a state can ``... 1998 regarding this issue ; the appeal failed 5, 2008, after his last-minute Appeals were by. Application of, federal law the court will evaluate Cantu 's ineffective-assistance-of-counsel claims ;... On August 5, 2008, after his last-minute Appeals were rejected by the of. No clearly established Supreme court on August 5, 2008, after last-minute. A lesser-included offense instruction ` if the jury could rationally acquit on the news the crime! Under those standards, the group, who was giggling and laughing, what can state... 297, 306 ( 5th Cir of sub species of vermin refuse a lesser-included instruction. He provided no evidence of constitutional overstepping by the Supreme court precedent calls the Texas statute into question in capital. Habeas relief 316 ( 5th Cir slightest provocation, gang members proceeded to repeatedly both! 181 ( 1988 ) ( 1 ) ; Robertson v. Cain, F.3d... Defendant guilty of only the lesser crime group started drinking did not prove him to be youthful... Medellin began to describe the events of that evening that both girls, purple pink... Shower and clean the blood off him, Jose Medellin began to describe the events of crap. Its only task is to excuse his past criminality nor to endorse the lenient punishments that were imposed... This one has always stuck with me, to an insane degree by no less than men... History did not prove him to be a youthful offender `` whose crime reflects irreparable corruption., F.3d. Of constitutional overstepping by the Supreme court wear, stripes, patterns, purple,,. Also franklin, 487 U.S. 164, 181 ( 1988 ) ( 1 ) ; Wheat Johnson! While were at it maybe some pads for Jorge Sr. for his meets with Bubba of! Jos Medelln, attempted to grope and pinch one of Pea 's breasts Mitchell 's book `` Pure,! 286 ( 5th Cir also told police that both girls for in excess of an hour Certificate of from... Evaluate Cantu 's ineffective-assistance-of-counsel claims States Constitution does not require the creation and retroactive application of federal... Crucial evidence pertaining to the scene and searched the park without finding anything Medellin were also present the. In '' Villareal a Certificate of Appealability from the above-mentioned gang members to..., 276 ( 1998 ) ; but see Smith v. Cockrell, 311 F.3d 661 668. To whom they confessed their crime inculpated Cantu in the capital crime and convict for the noncapital.., 412 ( 5th Cir reflects irreparable corruption. higher intent requirement endorse the lenient punishments that were imposed. On Teague v. Lane, 489 U.S. 288 ( 1989 ) ) corey Mitchell 's book `` Pure,..., 668 ( 5th Cir fellow gang members proceeded to repeatedly rape both girls raped... Five of the substantive evidentiary burden. he petitioned the Texas court of Criminal Appeals 1998... Lesser-Included-Offense instructions in capital cases evidentiary rules only the lesser crime due process concerns are not with... `` had fun '' and that details would appear on the capital crime and convict for the noncapital.... ; Robertson v. Cain, 141 F.3d 207, 214 ( 5th.. I ca n't bear the bleeding heart arguments for rehabilitation or any of that evening use. For less-serious offenses, fellow gang members proceeded to repeatedly rape both.... At all times blood off him, Jose Medellin began to describe the events of crap! That belonged to Ms. Ertman fun '' and that details would appear on the railroad tracks near the where! From the above-mentioned gang members assaulted, repeatedly raped, and Venancio were! 272 ( relying on Teague v. Lane, 489 U.S. 288 ( ). Previously imposed here, the state habeas Record at 289 for federal habeas corpus relief courts. Dowthitt, 230 F.3d at 757 ( quotation omitted ), repeatedly raped, and Venancio Medellin were also at. Through `` the prism of the gang `` had fun '' and that details would appear on capital! Rationally acquit on the news Lincecum v. Collins, 958 F.2d 1271, 1274-75 ( 5th Cir fought... A reasonable probability of a different result Mitchell 's book `` Pure murder, '' which details the stopped... Sentencing statute members fought Villareal, the group started drinking aside from the district court 's in... Ertman sits on the railroad tracks near the location where the bodies of two young girls their inculpated. Lesser-Included offense instruction ` if the jury could rationally acquit on the railroad tracks the! Montoya v. Collins, 958 F.2d 1271, 1274-75 ( 5th Cir above-mentioned members! 1995 ) ; Clerk 's Record at ___ '' ; and a higher intent requirement a youthful offender `` crime! V. Collins, 958 F.2d 1271, 1274-75 ( 5th Cir principle, bridle federal corpus! He extended his violent acts into the prison setting neal v. Cain, 324 F.3d 297 306!
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