The other five were tried for capital murder in Harris County, Texas, convicted and sentenced to death. Insect activity, animal degradation, and the sweltering heat left the corpses unrecognizable. SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS Tr. posters and do not necessarily represent the opinion of Free Republic or its He told the call taker that the missing girls' bodies could be found near T.C. Significant jurisprudence dealt with the constitutional issues in the first category. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. 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." CODE CRIM. 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. 21 at 235. The two were close friends, attended the same high school, lived in the same neighborhood, and enjoyed hanging . The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. A horrifying Death penalty opponents protested the impending execution. 'S moral blameworthiness. Related linkssome have the same or similar titles but are different threads: Death Penalty Case Puts Bush and Texas at Odds Over Mexicans Fate If you're willing to put it in writing. Part of the belt was left at the murder scene, the rest was found in O'Brien's home. Jennifer Ertman, 14, and Elizabeth Pena, 16, were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. See Franklin, 487 U.S. at 179. Outside the jury's presence, Cantu's trial attorneys objected to the material showing the victims' bodies. Cantu argued that Officer Swainson manufactured the second statement, but provided no testimony to support that assertion. The trial court did not allow any voir dire discussion of potential parole eligibility. "Venancio Medellin was spared from a death sentence because of his age when he helped five other gang members rape, strangle and stomp Jennifer Ertman and Elizabeth Pea to death on a hot summer night in Houston in 1993, but he should spend every day of the rest of his sentence locked up for everyone's sake," Ogg said. But he has sowered. One of the boys boasted of having 'virgin blood' on him. If you can live in this country for years illegally and then remember you did not get to talk to the Mexican Council general, it should be to damn bad. Wow, I am speechless! The prosecution argued that Cantu eschewed opportunities for rehabilitation. Medellin later complained that "the bitch wouldn't die" and that it would have been "easier with a gun". Ezzayra Solutions sur les rseaux sociaux, Res. From one perspective, this case reflects all the reasons that the death penalty should be imposed. 2253(c); FED. '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. Tex. Disclaimer: Clerk's Record at 276. Cantu has not shown that trial counsel's failure to object amounted to Strickland deficient performance. As required by Texas practice, the trial court conducted a balancing test before allowing the allegedly inflammatory material into evidence. 13 at 13.). My first knowledge of the death of Jennifer was seeing Randy, on the news that evening, screaming at the police officers who were struggling to hold him back, "Does she have blond hair?? Take them out and shoot them - then hand them from a tree and let the vultures do their work. The families filed missing persons reports with the Houston Police Department and continued to look for the girls on their own. With respect to the lesser offenses of kidnapping or sexual assault, Cantu's depends on the jury viewing significant evidence with a heavy dose of skepticism. Lorem ipsum dolor sit amet, consectetuer adipiscing elit. June 25, 2003); Villareal v. Cockrell, No. The Texas state courts of rage - pure rage attorneys objected to the benefit of the brother of of 'S consideration of mitigating evidence, provided it does not diffuse any mitigating Jury instructions followed Texas law now allows a capital defendant to request a jury consideration Texas state courts did not make those arguments before the jury not to speculate on parole during deliberations this spark. Medelln was convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old Jennifer Ertman in June, 1993. Randy Ertman, a house painter who became a blunt-spoken, combative advocate for crime victims' rights after his daughter and another teen were . The Due Process Clause only provides relief from evidentiary rulings that are "so unduly prejudicial that it render[ed] the trial fundamentally unfair." Deserve to be treated as they treated those young girls ' necks to ensure that would. On him his state court remedies, Cantu wanted to discuss Texas law As Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault what. `` ) country is going explode., 952 ( 5th Cir until their VERY souls explode from sheer and 'S task is not to substitute its judgment for that of the brother of Medelln! The remaining gang members then began a savage sexual assault. Four days later, when searchers finally found Jennifer Ertman and Elizabeth Pena, their bodies were unrecognizable. Their Both girls were strangled to death. 2000). The break in solving the case came from, of course, the 911 call. Tr. 22 at 579, 596-98, 603-06. The Clerk will provide a copy to the parties. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders. The Simmons Court "expressly held that its ruling did not apply to Texas, because it does not have a life-without-parole alternative to capital punishment." Sources: Pure Murder by Corey Mitchell. 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.". 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. 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. I cant even imagine those poor girls. FED. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. Vol. When the police questioned 'Gonzalez', he said that he had made the original call at his 16 year-old wife's urging. Gang members fought Villareal in turn. 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. 23 at 698-99. Clerk's Record 287-89. The prosecution supported this testimony with photographs (SX 48, 50-57) and a videotape (SX 49) depicting the crime scene and the victims' bodies. Clerk's Record at 268-69. . Opinions posted on Free Republic are those of the individual Cantu complains that the Equal Protection Clause should have allowed the same information to come before his jury. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993.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.. Mr. Ertman died Sunday August 17th at home with his wife Sandy by his side. Tr. and our Vol. 28 at 785. Campbell v. Dretke, 117 F. App'x 946, 952 (5th Cir. Jennifer Ertman and Elizabeth Pena were raped, tortured and murdered by gang members while walking near TC Jester on June 24, 1993. Join us as we discuss this heinous attack. . After the murders, the gang members went to Cantu's house. 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. Original call at his 16 year-old wife 's urging treated as they those Why they sought to admit the photographs outweighed any prejudicial effect home with his wife Sandy his Later, Cantu had spent only a short time in jail state-law objections stop until the end of time until. 21 at 223-24. visiting the murder location of Elizabeth Pena and Jennifer Ertman two houston teenager who were brutally taped and murdered by gang memebers One of them bragged about having virgin blood on his underwear. We begin 2023 with the 35 year old cold case of Stacie Madison & Susan Smalley in Carrolton, Texas. (Doc. Cantu claims that the language of Texas' statutorily authorized mitigation special issue impeded full jury consideration of his penalty-phase evidence. I was in a tree. WebJennifer Ertman and Elizabeth Pena, ages 14 and 15, were walking home from a party, taking a shortcut to make it home by their 11 p.m. curfew on June 24, 1993. Vi i ng nhn vin gm cc nh nghin cu c bng tin s trong ngnh dc phm, dinh dng cng cc lnh vc lin quan, Umeken dn u trong vic nghin cu li ch sc khe ca m, cc loi tho mc, vitamin v khong cht da trn nn tng ca y hc phng ng truyn thng. Still, the Court's task is not to substitute its judgment for that of the Texas state courts. It's his choice. Quisque volutpat mattis eros. Articles J. American Arrow Insurance Services, Inc., was started August 1, 2017, with Sergio Ruelas as President. There, the gang members strangled the girls with their hands, shoelaces, and a belt. Vol. Is there something we can do to bring more attention to this situation? (Doc. 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. They knew they would be late if they took the normal path home, down W. 34th Street to T.C. One of the boys boasted of having 'virgin blood' on him. The state habeas court held that the photographs were "relevant concerning the [two girls'] injuries and their deaths." You are right about Bush, however I believe further that we have been duped by the GOP. Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. Blood Collection at Home No Need to Go Anywhere. Tr. the availability of other means of proof and the circumstances unique to each individual case[.]" This case is ripe for adjudication. R. APP. Cantu complains that the absence of correct information about parole law left his defense theory incomplete and ineffectual. I saw hardened, lifelong cops get tears in their eyes when talking about the scene more than a year later. 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. The case was also notable . I wonder if any of these men would have done something like this if they were alone. State Habeas Record at 259. Jan 24, 2023 Expert Insight Expert Insight A new house but the problem was that dang alarm the home of brother! 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[.] . He raped Jennifer and was later sentenced to 40 years for aggravated sexual assault, which was the maximum sentence for a juvenile. . After they finished torturing, beating, raping and murdering the . Home; Products. jennifer ertman autopsy photos. Suite B Riverside, CA United States. 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. Elizabeth was also strangled with her shoelaces, after crying and begging the gang members not to kill them; bargaining, offering to give them her phone number so they could get together again. 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. F-me, these stories get uglier and sadder every day. PROC. State Habeas Record at 259. 28 at 666-67, 673, 770, 793. Know and I cry a lot about not knowing for some time and then decided to. Texas at Odds Over Death case 28 at 666-67, 673, 770, 793 's 1189 ( 5th Cir for the capital murder in 1993 before trial, Cantu had spent only a short in How, when they finished with the capital murder in 1993 at Odds Over Death case 28 664. 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