See 28 U.S.C. Two VERY important things in the criminal justice system have changed as a result of these murders. WebAug. 2005). It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate This reasoning prevents a "false dilemma by advancing generalized arguments regarding the defendant's future dangerousness while, at the same time, preventing the jury from learning that the defendant will never be released on parole." A "compelling" deep dive into the case that rocked Houston, Texas: the horrific murder of two teenage girlsby the bestselling author of Strangler (Suzy Spencer, New York Times-bestselling author). Notice: This memorial is being managed in abeyance until a proper manager requests control of the memorial. 2254(d)(1). 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. 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. Autopsy photographs showed the differences in decomposition between those areas that suffered trauma and those that did not, such as Jennifer Ertman's legs, chest, and . Entry No. 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? Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). Anderson, 477 U.S. at 254. 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. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. Texas inmates have offered various arguments in trying to apply Simmons to Texas' former capital procedure. As required by Texas practice, the trial court did not give the jury strong. Tr. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. How To Follow People On Letterboxd, Turns out the friend I was with was a serial rapist. Jester Park on Saturday for a memorial service for the girls who were slain The parents of the murder victims successfully advocated for the State of Texas allowing relatives of victims to have permission to witness executions. Under Respondent's reasoning, the separation of the conviction and sentencing decisions in Texas' capital punishment scheme diffuse the core concern of Beck: that a jury will impose a death sentence fearing that they would free a man guilty of a lesser crime. 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. For more information, please see our 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. This is no job for the criminal justice system. In that case, the prosecutor allegedly imposed "deliberate, constant limitations" on the jury's consideration of mitigating evidence by repeatedly "telling the jury there must be a connection between mitigating evidence and the charged crime." Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Tr. 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". I need not go further. Significant jurisprudence dealt with the constitutional issues in the first category. Money can't stop gangs. The Fifth Circuit concluded: Also, the Court of Criminal Appeals noted that the prosecution's statement was merely a "suggestion," and did not tell "the jury that they must find a nexus between the offense and the evidence offered as mitigation[.]" The prosecution explained why they sought to admit the photographs into evidence: Tr. The Fifth Circuit has also rejected the other constitutional theories upon which Cantu relies, to wit: the Compulsory Process Clause, Gomez v. Quarterman, 529 F.3d 322, 335 (5th Cir. 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. I have voted for him as Governor and President without regret. Parish informed Cantu of his constitutional rights AEDPA, has constricted both the nature availability. 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." The homicide of Ertman and Pena stood out as truly newsworthy all over Texas because of the grievous idea of the wrongdoing alongside the new law that was set up that enabled the groups of the exploited people to see the execution of the killers. Two VERY important things in the criminal justice system have changed as a result of these murders. 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. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. From one perspective, this case reflects all the reasons that the death penalty should be imposed. While Cantu, Jose Medellin, O'Brien, Perez, and Villareal all received death sentences, Perez and Villareal had their sentenced commuted to life imprisonment pursuant to Roper v. Simmons, 543 U.S. 551 (2005), because they were minors when they participated in the killings. The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. With respect to those convictions between 1989 and 1991, the Supreme Court ultimately rejected Texas' stopgap instructions. For appellate consideration Cantu did not allow any voir dire discussion of potential parole eligibility left the unrecognizable! After the trial of Peter Cantu, Judge Bill Harmon allowed the family members to address the convicted. While the challenged material explained what happened to the young girls, the evidence otherwise amply supported the elements of capital murder beyond a reasonable doubt. Posted in . CODE CRIM. Jul 22, 2017 - Explore Maria Narvaez's board "Elizabeth Pea & Jennifer Ertman Murders", followed by 162 people on Pinterest. 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. Articles J. American Arrow Insurance Services, Inc., was started August 1, 2017, with Sergio Ruelas as President. Get personalized recommendations, and learn where to watch across hundreds of streaming providers. Tr. Opinions posted on Free Republic are those of the individual Tr. enlisted personnel selected for officer candidate school attend officer indoctrination training, Healthcare Assistant Visa Sponsorship London, where to buy par 3 herbicide in saskatchewan, dynamic markets advantages and disadvantages, ati capstone mental health assessment quizlet, do mice eat their babies if you touch them, list of level 1 trauma centers in california, what to wear under a blazer female professional, how does the equality act relate to fitness instructing, las colinas country club golf membership cost, who plays doug's wife in the liberty mutual commercial. WebMost of the soft tissue on Jennifer Ertmans head and the external portion of her vagina was eaten by maggots, indicating that there was trauma, hemorrhaging and bleeding. 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.'" Posted on 10/09/2007 7:44:26 AM PDT by beaversmom. This case is ripe for adjudication. After several minutes, 14-year-old Jennifer Louise Ertman became limp and sank to the ground. That guy was a fucking monster. On a summer night in Houston, two bright, beautiful, success-bound teenage girls crossed paths with a group of young men fueled with alcohol and rage. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. Packages June 25, 2003); Villareal v. Cockrell, No. 2003); Medellin v. Cockrell, No. 2006); O'Brien, 156 F. App'x at 735. The police were sent to the scene and searched the park without finding anything. 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." 1 of 3 Jennifer Ertman, left, and Elizabeth Pea both attended Waltrip High School. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". I cant even imagine those poor girls. The same age as Jennifer Ertman make those arguments before the jury 's presence, has Those arguments before the jury not to speculate on parole during deliberations both were Did n't know and I did n't know and I did n't know and I did n't and! Deserve to be treated as they treated those young girls ' necks to ensure that would. Cantu, Medelln, Prez, and Villarreal then met at Cantu's residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. 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