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. (Doc. Tr. Tr. As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her own neck. 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. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. 1999)). (Doc. Trial counsel sought a favorable answer to the future dangerousness special issue by showing that: (1) Cantu would not be dangerous while incarcerated; (2) with the passage of time he would mature and become less violent; and (3) when he became eligible for parole after 35 years he would not pose a threat to society. Put a needle in her arm and just go to sleep. State Habeas Record at 261. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. Given that suggestion, Cantu claims that Beck entitled the jury to consider his conviction for crimes less serious than capital murder. Cantu read the statement and, in the presence of two other police officers, signed it. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. "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." C s sn xut Umeken c cp giy chng nhn GMP (Good Manufacturing Practice), chng nhn ca Hip hi thc phm sc kho v dinh dng thuc B Y t Nht Bn v Tiu chun nng nghip Nht Bn (JAS). For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." at 272. 1991). Respondent claims that, although the trial court would not instruct the jury on the operation of Texas parole law, "the jury knew that a life sentence meant he would be eligible for parole after serving thirty-five years." Vol. The Clerk will provide a copy to the parties. PROC. 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. 21 at 307-08. 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. exemption for fair use of copyrighted works. Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. While Cantu mentions several constitutional bases for these claims, he does not elaborate on each constitutional theory. I have no good words left for President Bush. Entry No. State Habeas Record at 259-60. Other comments mentioned the 35-year period, but did not elaborate on Texas parole law. Tennard, 542 U.S. at 284-85. PRO. The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. State Habeas Record at 259. H-02-1975 (S.D. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. [not to] kill this child." 21 at 328. 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." Clerk's Record at 15. 37.07, 4(a) (West 1993). The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. http://www.freerepublic.com/focus/f-news/1907715/posts. WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year Id. The AEDPA also rigorously defers to state findings of fact unless a petitioner presents clear and convincing evidence in rebuttal. Tr. Vol. 2000). 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.". The jury instructions allowed for Cantu's conviction either as a principal actor or as a party to the offense. PROC. CODE CRIM. 21 at 210, 257. Tr. Tr. 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. vote for a capital conviction if the only alternative was to set the defendant free with no punishment at all"). Cantu, 939 S.W.2d at 632; State Habeas Record at 257. All materials posted herein are protected by copyright law and the Cantu does not challenge the prosecutor's statements as a separate due process challenge. Who provided the details? 1999) ("Relief based on Simmons is foreclosed by Teague."). Cantu filed a pre-trial motion to suppress his confessions. Tr. WebShe sat in the front row with Elizabeth's uncle, and when the crime scene photos were placed upon the tables for the lawyers to look over, she saw everything. Cantu faults his trial attorneys for not making a federal due process objection when the prosecution introduced the allegedly inflammatory material into evidence. 1995); Allridge v. Scott, 41 F.3d 213, 222 (5th Cir. Cantu's history did not prove him to be a youthful offender "whose crime reflects irreparable corruption." Peter Anthony Cantu ("Cantu"), a Texas inmate, seeks federal habeas corpus relief. art. at 272-73. The prosecution argued that Cantu eschewed opportunities for rehabilitation. This was clearly a job for a lynch mob. This action comes before the Court on Respondent Nathaniel Quarterman's answer and motion for summary judgment. However, Cantu objects that the instruction unnecessarily confined the jury's review to "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Jenny was strangled with the belt of Sean O'Brien, with two murderers pulling, one on each side, until the belt broke. 2254(d)(1). Entry No. See Franklin, 487 U.S. at 179. 2008). Structural Error in Texas' Mitigation Special Issue. The gang members then stomped on both girls' throats to ensure their deaths. http://www.freerepublic.com/focus/f-news/1907733/posts, Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate The police were sent to the scene and searched the park without finding anything. at 369. Tr. Medellin stopped Pena. Im listening to her (Laura Ingraham) right now. Officer Swainson decided to interview Cantu again. It's his choice. A State must "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." Does that cause the defendant's behavior? The police, previously unable to find the young girls, used that information to find their bodies. 28 at 790. The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. 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. C.E. State Habeas Record at 260. The admissibility of evidence is generally a matter of state evidentiary law. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. I assume that's why it's left such a strong impact on me. I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. Texas law defined mitigating circumstances as "evidence that a juror might regard as reducing the defendant's moral blameworthiness." Did one of the culprits confess with that much detail? Dowthitt, 230 F.3d at 757 (quotation omitted). O'Brien, 156 F. App'x at 736. After several gang members fought Villareal, the group started drinking. Maybe other people can email to other hosts as well. 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." When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. 2253(c); FED. I wonder if any of these men would have done something like this if they were alone. Disclaimer: 487K views 2 years ago. Tr. Other gang members confessed that they only participated because they were "just following whatever Peter Cantu was doing." Cantu has not shown any constitutional error in the taking of his statements. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. TEX. R. CIV. Money can't stop gangs. Id. When the police informed him that O'Brien confessed, Cantu provided the following statement relating his role in the murders: Tr. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. See Howell v. Mississippi, 543 U.S. 440, 445 (2005) (finding that similar reasoning by the Mississippi Supreme Court "finds some support in [Supreme Court] cases"); Hopkins v. Reeves, 524 U.S. 88, 98-99 (1998) (distinguishing Beck from those cases where the jury "did not have to consider the dilemma faced by Beck's jury; its alternative to death was not setting respondent free, but rather sentencing him to life imprisonment"); Schad v. Arizona, 501 U.S. 624, 646 (1991) ("Our fundamental concern in Beck was that a jury . He then elaborated that he had raped both girls. But he has sowered. 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. The trial court reviewed the other photographs, found that they were essential to explain the medical examiner testimony, and discussed with the prosecution how to best present the photographs without shocking the jury. Prior to his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. See 28 U.S.C. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Vol. A petitioner's compliance with the AEDPA alone does not entitle him to habeas relief. 2001). Failure to Make a Due Process Objection to the Allegedly Inflammatory Material. She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. After a separate punishment hearing, the jury answered Texas' special issue questions in a manner requiring the imposition of a death sentence. 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." Vol. June 25, 2003); Villareal v. Cockrell, No. Vol. Cantu complains that, the law discussed above notwithstanding, this Court should find constitutional error because other Texas capital juries received information about parole eligibility. Vol. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). 2003) ("Nothing in the AEDPA suggests that it is appropriate to issue writs of habeas corpus even though any error of federal law that may have occurred did not affect the outcome."). Persuasive trial testimony confirmed Cantu's role not only in the kidnapping and sexual assault, but in the murder of the girls. WebPeter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. 21 at 320-21, Vol. Autopsy 21 at 294, Vol. Cantu, 939 S.W.2d at 647. The Due Process Clause protects against prosecutorial excess in closing summation. Trial comments about parole law, however, were vague. 13 at 13.). Tr. due process plainly requires that [the defendant] be allowed to bring [parole ineligibility] to the jury's attention by way of argument by defense counsel or an instruction from the court." Before trial, Cantu wanted to discuss Texas parole law with potential jurors. 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. 1997); United States v. Harrison, 55 F.3d 163, 167 (5th Cir. Cantu was again informed of and waived his rights. Yarborough v. Gentry, 540 U.S. 1, 4 (2003); see also Wiggins v. Smith, 539 U.S. 510, 521 (2003). Five of the gang members proceeded to repeatedly rape both girls for in excess of an hour. They also told police that both girls were raped by no less than two men simultaneously at all times. Jester Park at White Oak bayou. 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 . Vol. 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. 1996). Habeas relief centers on whether "the admission was a crucial, highly significant factor in the defendant's conviction." It is stories like this that make me think this country is going to explode in a paroxysm of rage - pure rage. Cantu acknowledges that Texas juries now explicitly take into account "the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant." 2002) ("[Rule 56] applies only to the extent that it does not conflict with the habeas rules. Joe Cantu asked the group, who was giggling and laughing, what happened. Vol. This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. management. 447 U.S. at 629. 2 at 30), he did not make those arguments before the jury. It was traced to the home of the brother of one of the men later sentenced to death for these murders. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. Vol. See 28 U.S.C. at 736. Tr. might . Vol. See Richardson v. Marsh, 481 U.S. 200, 211 (1987) ("[J]uries are presumed to follow their instructions[.]"). Vol. 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[.] 2007). I have voted for him as Governor and President without regret. Does it justify it? His knowledge of the crimes came from the killers themselves, most of whom came to his home after the murders, bragging and swapping the jewelry they had stolen from the girls. Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Cantu now claims that the trial court violated the Constitution by limiting his ability to support the third argument, that he would not be violent if he became eligible for parole after a lengthy imprisonment. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. Entry No. Tr. See Thacker v. Dretke, 396 F.3d 607, 612 n. 2 (5th Cir. 13 at 10.) After being informed of and waiving his constitutional rights, Cantu provided two written statements. . Local host Peter Boyles here in Denver is talking about it. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." Both girls were strangled to death. 2002); Johnson v. Cockrell, 306 F.3d 249, 256-57 (5th Cir. 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. 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." See 28 U.S.C. 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." R. EVID. (Doc. Entry No. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. Test before allowing the allegedly inflammatory material into evidence Simmons is foreclosed by Teague. )! Make me think this country is going to explode in a paroxysm of rage pure! 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