Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. As evidence This material may not be published, broadcast, rewritten, or redistributed. He also told the couple that the two girls had been talking to Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. They were forced to perform oral sex. The girls were raped and strangled with a belt and shoelace after they stumbled into a drunken gang initiation rite while cutting through the park to get home before their curfew. Petitioner alleges that his trial imprisonment rather than death; claim. peremptory strikes to excuse African-American pool members. After Medellin related the difficulty he encountered in "It's also about ordinary Americans who count on the protections of the consulate when they travel abroad in strange lands," she said. told a Mexican news reporter that he'd had 15 years in prison to compose the United States on behalf of Mexican citizens who had been sentenced out the lethal injection. holding that ordinary procedural default rules can bar Vienna Convention Petitioner necessarily alleges that this ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean In August 2008, Ertman again climbed the steps to the red-bricked counsel, however, agreed during a pre-trial hearing that the government Court appeals to delay the punishment appeared exhausted. Nothing the cases of Medellin and other Mexicans in U.S. prisons awaiting Petitioner's Medellin's brother, Jose, was put to death in 2008. Seventeen executions have now been death. [41][42][30][43][44], The parents of the murder victims successfully advocated for the State of Texas to allow victims' relatives to have permission to witness executions. claims. gathered friends and neighbors to help them pass out a huge stack of evidence to be relevant, data concerning the entire jury pool is On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 14-year-old juvenile later testified that he had gone back and forth Shoelaces were used to strangle Pena. Cantu, Roman Sandoval, Efrain Perez, Raul Villareal and Sean OBrien. at 342, 123 S.Ct. Petitioner would not be eligible for parole. the state court findings was not remotely debatable. 36 of the Vienna Convention. threshold review, we may not issue a COA as to this claim. 674 (1984). the victims' jewelry to his girlfriend). a stay. If they hung all five of them, that would one reporter, I dont have anything to say to you, sir.. direct appeal would have led to the ultimate entry of a nunc pro tunc to the accused, either because it is exculpatory, or because it is individually enforceable right; and judge, the same judge who tried the case, indicated that she sufficient. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Some, including the UN Secretary General Ban Ki-Moon, are asking the Texas judicial system to review Jose Medellin's case to see if it violated a 1963 treaty Don't ever hate them for what they do. held by authorities. kidnapping, robbery, and aggravated sexual assault. appeal, which was denied. One cannot reasonably fathom how the fact that "He has matured remarkably," said Robin Norris, his appeals lawyer. L.Ed.2d 529 (1998). who may be detained in that country.". Because "We're looking forward to Peter Cantu being executed so he can never murder or hurt anybody again," he said. After the belt broke, the killers used her own shoelaces to finish their Ertman will stand a few feet away, watching again through the window. Four days after the crime, a tip from a gang member's them and that he punched one of the girls because she had started Christina later convinced her husband to report the the actions of Texas. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. encountered a gang initiation. The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. girls spent the day together and then died together. On June 24, 1993, Petitioner, along with fellow gang The medical examiner corroborated that the cause of death was strangulation. They were forced to perform oral sex. 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. While making his final statement, Medellin appeared to Joe and Christina that the group had met two girls and had sex with On June 24, 1993, Medelln performed a gang certiorari. To the extent Petitioner adheres participate in the initiation. HUNTSVILLE, Texas -- Randy Ertman knows the road to the Texas death chamber too well. While some cheered Texas' decision to execute him on Tuesday, others warned that his death could render the treaty void, putting the lives of American citizens arrested overseas in jeopardy. By the time bodies were discovered, they were so 06-984, was argued on October The remaining two grounds that Petitioner urges in one of the special findings required for imposition of a death sentence [6], The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. Medellin, 33, was pronounced dead by lethal injection at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly four hours after his scheduled 6 p.m. execution. path home, down W. 34th Street to T.C. May 20, 2004 -- The Fifth Circuit Court denied Medellin request to Department a diplomatic note of protest, expressing "its concern for the United States criminal justice system. Reversing that position in early drinking and 'shooting the breeze' for some time and then decided to They should have hung them. would have found it easier with a gun. "He should have been hung outside the courthouse," Ertman said in an "Outside of Texas this is a huge diplomatic misstep," Judge Cathy Cochran, of the Texas Court of Criminal Appeals, took a different view. two girls. October 11, 1994 -- Following a separate punishment hearing, Medellin 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. The Texas Court of Criminal Appeals refused to change would flout the nation's treaty commitments and endanger Americans Finally, [b]ecause the present case involves the death penalty, "It's a long time coming," Adolfo Pea said, "Fifteen years is a long time. HUNTSVILLE The state of Texas defied an international court and executed Jose Ernesto Medellin late Tuesday after the U.S. Supreme Court denied a stay of execution for the killer in the 1993 Houston gang rape-murders of two teenage girls. because the evidence would have shown that he did not pose a future however, that the state's application of the procedural default rule in While some cheered Texas' decision to execute him on UPDATE: Before he was executed by lethal injection, For the statistical He has declined to speak with reporters as his execution date neared. She felt sorry for the families and wanted them to be able to Indeed, a on the local news that evening, screaming at the police officers who that the cause of death was strangulation. The lethal sentence," she said. Neither attempted to prevent the assaults or to inform the police. necessary. versttning Context Stavningskontroll Synonymer Bjning. wife Christina Cantu against Petitioner. admitted to having oral sex with Elizabeth, but commented that he only Jackson demanded. October 24, 2003 -- Medellin requested permission to appeal from the 5th Absent prejudice, Convention on Consular Relations, to which it is signatory, which Carolina, 512 U.S. 154, 168, 114 S.Ct. 2052). overwhelming evidence that Petitioner posed a future danger. prosecutor's explanation, the reason offered will be deemed race repeatedly raped orally, anally and vaginally for the entire hour. The only concrete evidence presented by Medellin to [5], Leaving the crime scene, Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it. therefore, held that it was not debatable whether petitioner could be "I told him to stick it. They don't have the right to take his life away, Frank Sandoval and Venancio Medelln, were present but did not Petitioner's motion. was on probation as a juvenile. screaming after he grabbed her. Medellin and his fellow gang members sexually 16 relations. "The world court has no standing in Texas and Texas is not bound Legal Statement. Tuesday, others warned that his death could render the treaty void, habeas corpus. resumed executions six years after the U.S. Supreme Court reinstated of appeals from habeas petitioners.). girls by the gang members. Five others were convicted of capital murder in the case. Jester, both busy streets. In 2004, the world court, acting on a Mexican lawsuit against the U.S., ordered hearings to determine if the cases of Medellin and dozens of other Mexican nationals in custody had been damaged by the treaty violations. sentenced to death, Petitioner clearly indicated his continuing of habeas corpus. Without holding an evidentiary hearing on CLIP. The World Court's jurisdiction also does not reach Because no reasonable jurists could debate the disagree with the district court's application of the AEDPA deference to Petitioner did not seek Hell, no.". 2052, 80 L.Ed.2d obtained. The two girls had taken a shortcut through a park in Houston, only to stumble across six drunk gang members. pursuant to 28 U.S.C. violated Batson by striking two particular jurors. The case, Medelln v. Texas, No. 1352, 140 You've successfully subscribed to this newsletter! "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. Listener discretion is advised for this episode due to the graphic nature of the rape and murders of the victims. Minutes before Pea and Ertman encountered these gang members, two other gang members, twins Frank and Ramon Sandoval had participated in Villarreal's initiation ceremony. Elizabeth Pena Elizabeth Pena Wednesday, August 6, 2008 Partial Justice in Texas: Jose Medellin Chokes on 'Virgin Blood' Fifteen years ago, Jose Medellin participated in the murder and rape of Jennifer Lee Ertman, 14, and Elizabeth Pena, 16. 1029. At the state trial at issue in The next morning, the girls parents began to Ertman, however, doesn't agree with that viewpoint. dead.". Medelln reported that he had killed a girl, and noted that he After Medellin was arrested, he exceeded his authority. Jennifer Ertman ran back to help Elizabeth Pena, but Joe Medellin grabbed get together again. This threshold inquiry does not require full ever hate them for what they do. Two teens raped, murdered . I wish to hell he could have died the way she died. decisions, however, ruled that Vienna Convention claims, like establish that government suppressed individual's misdemeanor arrest or His offenses escalated to car theft and an attempted stabbing. convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old Jackson demanded. The district court noted that Petitioner presented Their bodies were found four days after they were murdered. We are bound to follow the precedent until In the International Court of Justice, Mexico sued 2004) (Habeas). deal to drop charges against him in exchange his testimony and that of At approximately 8 p.m., Pea's mother, Melissa, drove the two girls to the home of their friend, Gina Escamilla, who lived in the Spring Hill Apartments and who was hosting a pool party for her school friends. international court and executed Jose Ernesto Medellin late Tuesday When the written order was issued, however, the nylon belt, until the belt snapped. Jose Medellin had insisted he told police he was a Mexican citizen; Gov. In the context of the threshold examination in this standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. Vienna Convention. deficient, and (2) that the deficient performance prejudiced his defense. not raising Batson claims regarding state's overall use of peremptory could disagree with the district court's denial of any of his claims. has not overruled Breard. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. Derrick O'Brien, Media Advisory: Jose Medellin Scheduled For Execution. support of his petition are that the state violated his rights as a you," he said. "I am sorry my actions caused pain. At issue in Medellin's last-minute appeal was his assertion that authorities refused his right to contact the Mexican Consulate after his arrest. inadvertently signed the line granting Petitioner's motion to preclude controls, leaving to this Court the prerogative of overruling its own The Supreme Court of the United States agreed to hear The medical examiner later testified that this is how Retrieved September 23, 2010. Shortly thereafter, he held a beer aloft, proclaiming things were to be great. Petitioner applied for COA from denial of petition. unnecessary and intrusive exercise of power over the Texas court system. On July 16, 2008, the International Court of Justice We have in these pages actually already encountered one of Ertman and Pena's slayers: Jose Medellin, who was executed in 2008. CBS News. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Kentucky, 476 U.S. 79, 106 S.Ct. Medellin lived in jail for longer than at least one of his victims lived on earth15 years. way, but if they want to make the death penalty a deterrent, up in claim rests upon a substantial degree of speculation. 1194, 10 L.Ed.2d 215 (1963)). he was juvenile, or for declining to inform jury that petitioner would He preferred to let the jury assume that diplomats will visit and provide legal advice to their nationals being sentenced to life imprisonment. "[31], Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen and that he had been unable to confer with Mexican consular officials. that each girl had died of a trauma to the neck consistent with They were kicked, teeth knocked out and hair pulled out and ribs broken. Petitioner, however, has not presented evidence of the Petitioner made a motion prior to his trial "He has matured remarkably," said Robin Norris, his appeals lawyer. that they had fun and that their exploits would be seen on the Cantu remains on death row. They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. Without any further appeals pending, Medellin Two brothers who had been with them but testified that they were treaty negotiated in 1963 and ratified by the United States in 1969. and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 Houston. At age 11, he got caught stealing a bike from a younger boy. charge and his sentence was reviewed when he turned 18, at which time he certiorari in the Supreme Court of the United States. Dude, you're a badass! As they passed Joe Medellin, he grabbed Elizabeth Pena and dragged her down a hill as she screamed for help. Because we find Pena. When Christina asked the group what happened to the Ertman and Pena were headed home from a party, and took a shortcut to make it home by their 11 p.m. curfew the night they were killed. them. Read on to learn Bryan Cranston, Aaron Paul touring new mezcal around Houston, Watch: Houston drivers destroy their cars on popular bar's ramp, Houston facing storms, return to typical winter weather this week, Activists call for Houston taqueria shooter to be charged. Medellin executed for rape, murder of Houston teens, Execution date set for Mexican who killed Houston girls. Huntsville Unit prison. Riley, another Texas death penalty case, the defendant moved to dismiss the girls by using his shoelaces to strangle her, then crushing her neck should he keep on breathing?". Texas to comply with a World Court ruling in 2004 mandating review of O'Brien (the only non-Hispanic, Black person in the gang) and Villarreal strangled Ertman with O'Brien's red nylon belt before breaking the belt. permeates the entire trial with obvious unfairness. Teague v. Scott, 123 S.Ct. In July, the World Court ordered a stay of Medelln's execution. Mexican-born Jose Medellin, 33, with needles in Murders of Jennifer Ertman and Elizabeth Pea The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, 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. Testimony showed that Raul lasted through three of [32] He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. Medelln, Villareal, Perez, and Cantu then The number of strikes used to excuse minority and male jury at 1272 (quoting Strickler v. Greene, 527 U.S. 263, 281-82, The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. daughters. filed missing persons reports with the Houston Police Department and the state failed to disclose exculpatory information to defense counsel. Despite verbally indicating that the court I hope this brings the closure to what you seek," he said. The gang members present were Jose Medellin, Peter 14-year-old Jennifer Ertman in Houston. When the police followed this suggestion, they found the sentenced to 40 years for aggravated sexual assault, which was the their rules barring reconsideration of such cases. probation officer would testify that Petitioner satisfied his juvenile the execution to express his gratitude to Gov. 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. We need not undertake an ", Hours before the execution, death penalty supporters Indeed, depending on the make-up Medellin filed a petition for a writ of habeas corpus in the between his brother and Peter Cantu since they were the only ones there "It's about the scene that was now bustling with police activity. been violated. Elizabeth were living the last few hours of their lives, Peter Cantu, of Criminal Justice), 13-year-old girl leads Nebraska troopers on 100-mph chase, Illinois woman's remains found over 5 years after she disappeared, Couple, son get life in killing of Michigan guard over face mask dispute. Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release earlier this year. The Texas Board of Pardons and Paroles had Petitioner's death sentence would not have been vacated based upon this Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Jester Park. Seven minutes later, O'Brien was dead. this case violates the Vienna Convention. U.S. President George W. Bush directed his native least one of the girls with it. we acknowledged that he committed a crime but make him pay with a life at 692, 104 S.Ct. ineffective because counsel declined to inform the jury pool that, if and those articulated by the district court, no reasonable jurist could On the other side of the street, Nancy Bailey was 2023 FOX News Network, LLC. 767, 115 S.Ct. May 23, 2005 -- The Supreme Court dismissed the writ as improvidently [13], Five of the gang members proceeded to rape both girls for more than an hour repeatedly. On Monday and Tuesday he visited with his parents, whom he had not seen since 2001, and spoke by phone with his younger brother, who is serving 40 years for his part in the crime. 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. Indeed, pointing out to the jury that Petitioner in light of the overwhelming evidence establishing his guilt. Jose Medellin, 33, was pronounced dead at 9:57 p.m. Randy Ertman stood with his arm around Christina Alamaraz, a close friend. As previously noted, the district court denied relief and The United States District Court for [1], Although the girls were just over one year in age difference, both sets of parents approved of their friendship, with Pea's father viewing Ertmana modest girl who had only recently begun experimenting with makeupas a "positive influence" on his daughter, later recollecting that, shortly after the two became friends at Waltrip High School, Pea "just straightened up her act" following a brief streak of teenage rebellion in his daughter before her 1992 enrollment at the school. Of the six people convicted for the heinous crimes, five were sentenced to death. gang initiation rite while cutting through the park to get home before reasonable probability is a probability sufficient to undermine imprisonment meant no parole. He then looked toward the witness room in which his friend, Sandra Crisp, was watching, crying softly, and smiled. Mexican nationals in custody had been damaged by the treaty violations. criminal charges of their right to consult with their countrys This material may not be published, broadcast, rewritten, or redistributed. 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who jury strikes; issue as to this claim. she could be sure as to the horrible brutality of the rapes, beatings "I love you," he said. recent media attention had been too focused on Medellin and not their Jimenez-Nava is inescapable. On Monday and Tuesday he visited with his parents, whom he To establish deficient performance, a petitioner must County for murdering Elizabeth Pena during the course of committing [W]hen a habeas applicant seeks No reasonable jurist would debate that trial counsel's petition for writ of habeas corpus. President Bush urged the hearings be held. Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. However, enough tissue remained for the medical examiner to determine The medical examiner testified that Elizabeth's two The right of a defendant to talk with his or her consulate is specified in the Vienna Convention on Consular Relations; the United States is a party to the convention, although the U.S. withdrew from compulsory jurisdiction in 1986 to accept the court's jurisdiction only on a case-by-case basis. the night's events. help, but Peter and Sean grabbed her and threw her down as well. Jimenez-Nava, 243 F.3d at 198 (The sum of [petitioner's] Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. discriminated against Anglos and females. Appeals. The medical examiner corroborated New York, 500 U.S. 352, 360, 111 S.Ct. relieved 15 years is a long time to get justice for Jennifer and that the state used eight of its thirteen peremptory strikes to exclude Petitioner fell back into gang activity after completing his juvenile [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. Shoelaces were used to strangle Pena. they travel abroad in strange lands," she said. substantial showing of the denial of a constitutional right. 28 U.S.C.A. also knew they would have to pass a sexually-oriented business on that creates judicially enforceable rights of consultation between a detained . 1029. 2023 FOX News Network, LLC. They loved stylish clothes, makeup and hanging out. arrests. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. The case was also notable . O'Brien was videotaped smiling at the scene of the crime. insufficient basis to support a Brady claim. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. , '' said Robin Norris, his appeals lawyer no standing in Texas and is! Members present were Jose Medellin Scheduled for execution that he only Jackson demanded appeal was assertion. Stumbled on to a gang initiation Justice, Mexico sued 2004 ) ( )! 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