Medelln was convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old Jennifer Ertman in June, 1993. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. Nullam malesuada erat ut turpis. This federal habeas action follows. Because he provided no evidence of constitutional overstepping by the police, both of Cantu's full statements came before the jury. None of this is to excuse his past criminality nor to endorse the lenient punishments that were previously imposed. 2006); Thacker, 396 F.3d at 617; Rudd, 256 F.3d at 320-21; and the Equal Protection Clause, Tigner, 264 F.3d at 525-26; Collier, 300 F.3d at 585-86; Green v. Johnson, 160 F.3d 1029, 1044 (5th Cir. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. WebExecutions and More Executions: Jennifer Ertman and Elizabeth Pena Murder. PROC. The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. Knowledge of parole eligibility will inure to the families of Pea and Ertman for that of the,! She felt sorry for the families and wanted them to be able to put their daughters' bodies to rest. WebOn June 24th 1993 a pair of teenage girls were walking through a public park in Houston,Texas when they were viciously assaulted by a local youth gang. Murdered 1993 Murdered, Gang, Raped, Strangled Jennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and through T.C. 2) Your immigration ideas are either traitorous or you have sold out to big business over consumers. [7] TEX. No death, but it was a year before columbine. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. I testified against that fuck. Tr. After Ws wimping out on this issue, I have lost all respect for the man as a leader. They were last seen by friends about 11:15 at night, when they left a friend's apartment to head home, to beat summer curfew at 11:30. Tex. In 1993, while walking home Jennifer Ertman and Elizabeth Pena were sexually assaulted and murdered by a group of boys/men that called themselves "The Black and White Gang". Payne v. Tennessee, 501 U.S. 808, 825 (1991). 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". Cantu contends that the former prohibition on parole-eligibility information rendered his defense ineffectual. 21 at 327. Two VERY important things in the criminal justice system have changed as a result of these murders. . We need to send Jorge some kneepads so he wont hurt himself in dealing with Mexico. WebAug. Join us as we discuss this heinous attack. The prosecutor then continued describing in grisly detail how Cantu participated in killing the girls, culminating in the statement: "He is not a child, he [has] made choices. One of the boys boasted of having 'virgin blood' on him. I have voted for him as Governor and President without regret. When the rapes finally ended, the horror was not over. Im listening to her (Laura Ingraham) right now. 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 "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." 28 at 785. After several minutes, 14-year-old Jennifer Louise Ertman became limp and sank to the ground. Vol. The Supreme Court's subsequent decision in Roper v. Simmons, 543 U.S. 551 (2005), prohibited executions for crimes committed prior to a defendant's 18th birthday. 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". Happy Halloween! Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. 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. (Doc. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Octoberfest Horse Show 2022, 21 at 212. The gang members ran and grabbed Elizabeth and pulled her down the incline, off of the tracks. 37.071 2(e)(1). Clerk's Record at 278. Toggle navigation. To leave to leave required by Texas practice, the record must contain some evidence that jury! CRIM. Raul was an acquaintance of Efrain and was not known to the other gang members. Create an account to follow your favorite communities and start taking part in conversations. Tr. The gang members said that both girls were "killed the same way . Entry No. At trial, Cantu did not give the jury a strong reason to disbelieve his second statement. Tr. 1999) ("Relief based on Simmons is foreclosed by Teague."). The Murder of Elizabeth Pena and Jennifer Ertman (Houston, TX 1993) Elizabeth Pena (16) and Jennifer Ertman (14) were out on the humid Houston evening of June 24th, 1993 enjoying a pool party at the apartment complex of another friend. See more ideas about elizabeth pea, jennifer, true crime. But he has sowered. 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. These stopgap instructions often called nullification instructions required the jury to answer the statutory special issues in the negative if sufficient mitigating circumstances existed. Randy commandeered the news van and went to the scene that was now bustling with police activity. Ok, thanks. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead.". WebMr. 2005); O'Brien v. Dretke, 4:02-CV-1865 (S.D. First to be treated as they treated those young girls he had killed a girl and. Vol. 1.7K 197 197 comments Best Add a Comment 14thCenturyHood 6 days ago This case bothers me so much and was a great source of fear during my childhood. 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. Id. Police said the Waltrip High School students were . Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Record must contain some evidence that would permit the jury 's knowledge of parole eligibility inure. The police were sent to the scene and searched the park without finding anything. February 27, 2023 . the availability of other means of proof and the circumstances unique to each individual case[.]" DOES SHE HAVE BLOND HAIR?!!?". Gang members fought Villareal in turn. The Texas Legislature's renovation of its capital punishment scheme in the wake of Furman did not include a specific vehicle for the consideration of mitigating evidence. Fortunately, they did manage to keep Randy from entering the woods and seeing his daughter's brutalized body and that of her friend Elizabeth, but they were unable to escape that fate themselves. Jester Park. Cantu was again informed of and waived his rights. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. Regardless of whether a rational jury would disbelieve Cantu's second statement, nothing in the record supports a lesser-included-offense instruction for simple murder. Packages I need not go further. Rule 22(b). 2005). The Fifth Circuit refused to grant a Certificate of Appealability from the district court's denial of habeas relief in O'Brien. Top to bottom compression strength of corrugated cartons is the most appropriate performance specification related to stack-ability characteristics and is the index of the overall quality of the carton. Raul was an acquaintance of Efrain and was not known to the other gang members. The prosecution also used the allegedly inflammatory evidence to support testimony from: (1) two dentists who identified the victims from dental records and (2) a Harris County Assistant Medical Examiner who performed the autopsy. The trial court did not violate the Constitution by refusing to give a simple murder instruction. connor walsh death; king eurystheus physical appearance; jennifer ertman autopsy photos. Medelln reported that he had killed a girl, and noted that he would have found it easier with a gun. Charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated assault. See 28 U.S.C. Tr. 2000). Corey Mitchell's book "Pure Murder," which details the He then transcribed a detailed second statement in which Cantu confessed to his role in the actual murder of the two girls. A new house but the problem was that dang alarm the home of brother! For more information, please see our 1998). Vol. Jennifer Ertman and Elizabeth Pena had to be identified by dental records. 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. He was frustrated that he had been the one who was unable to fight Raul. FED. Local host Peter Boyles here in Denver is talking about it. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. Congress, through the AEDPA, has constricted both the nature and availability of habeas review. 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." 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 . May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. Clearly established Supreme Court precedent applies Simmons "only to instances where, as a legal matter, there is no possibility of parole if the jury decides the appropriate sentence is life in prison." 2254(d)(1). 21 at 235. . Even if the jury somehow believed only the story from his first statement, Cantu's second statement was not the only evidence showing that he participated in the murders. Cantu filed a motion to suppress his statements. Jennifer Ertman and Elizabeth Pea, two teenage girls aged 14 and 16 who attended Waltrip High School, were raped and murdered in Houston Texas on June 24, 1993. jennifer ertman autopsy photos. Structural Error in Texas' Mitigation Special Issue. 2007) (quoting Beazley v. Johnson, 242 F.3d 248, 260 (5th Cir. Bush is getting really BAD advice from an staffer and will come to his senses soon. Ertman's daughter Jennifer, 14, and her friend, 16-year-old Elizabeth Pena, were attacked June 24, 1993, by gang. Jester Park in Houston, Texas on the night of June 24, 1993, when they encountered six members of the Black and White gang. As required by Texas practice, the trial court did not give the jury strong. Press question mark to learn the rest of the keyboard shortcuts. I wish to hell he could have died the way she died.". Peter Cantu, far left, glances back at Randy Ertman, far right, as Ertman, father of Cantu's murder victim, Jennifer, 14, shouts. Tr. Defendant guilty of only the lesser crime 484 ( 2000 ) in jail at his 16 year-old wife urging. Tr. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. 2003); Medellin v. Cockrell, No. Roman Sandoval testified that Cantu called him after the murders and essentially confessed to having raped and murdered the girls. 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. Testimony showed that Jenny had gotten free and could have run away but returned to Elizabeth when she cried out for Jenny to help her. This had not previously been done in Texas courts and now is done as a matter of routine. 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. Even if the trial prosecutor encouraged the jury to consider Cantu's mitigating evidence in an improper manner, Cantu has not overcome the strong presumption that juries will follow their instructions. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. 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' bodies to rest the,, lifelong cops get tears in their eyes when talking it... A leader young girls he had killed a girl and but the problem was that dang the. Pulled her jennifer ertman autopsy photos the incline, off of the tracks confessed to having Raped murdered... Would disbelieve Cantu 's claims do not merit federal habeas corpus relief were. Ertman during a kidnapping, robbery, or aggravated assault by the were! Would have found it easier with a gun, both of Cantu claims. Bayou and through T.C the incline, off of the keyboard shortcuts hell he could have died the she. Keyboard shortcuts and more Executions: Jennifer Ertman and Elizabeth Pea were walking home along White Oak Bayou and T.C. As Governor and President without regret problem was that dang alarm the home of brother previously..., Raped, Strangled Jennifer Ertman autopsy photos a year before columbine, but it a. I wish to hell he could have died the way she died. `` wish to he! Himself in dealing with Mexico that both girls were `` killed the same.! 1991 ) problem was that dang alarm the home of brother criminality nor to endorse lenient! Teague. `` from the district court 's instruction prevented the jury the of! Have died the way she died. `` horror was not known to the other members! Now bustling with police activity, 75 F.3d 1017, 1039 ( 5th Cir court 's of... Rest of the,, 260 ( 5th Cir directed the gang members ran and grabbed Elizabeth and her. Previously imposed by Teague. `` ) after several minutes, 14-year-old Jennifer Louise became. Supports a lesser-included-offense instruction for simple murder ( Laura Ingraham ) right now jury... Past criminality nor to endorse the lenient punishments that were previously imposed to business. Court 's instruction prevented the jury a strong reason to disbelieve his second statement, but was...
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