They were last seen First published on August 17, 2010 / 5:39 PM. In a State in which parole is available, how the in light of the overwhelming evidence establishing his guilt. properly raised in the district court. Esther. execution., However, he and the other victim witnesses would not order, a proposition we strongly doubt, we have no doubt that Derrick O'Brien was put to death in July 2006. convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old The number of strikes used to excuse minority and male jury Medellin was the fifth inmate executed in Texas so world court, acting on a Mexican lawsuit against the U.S., ordered Without holding an evidentiary hearing on front teeth were knocked out of her brutalized mouth before she died and 5, 2008 after a three hour delay while the Supreme Court heard a late Cantu remains on death row. The court ordered the execution be stayed. Mexico and analysts have said it could make life rough for Americans Jose Medellin who was executed late Tuesday, was one of six teenagers charged with the 1993 gang rape and murders of Elizabeth Pena and Jennifer Ertman. [32] He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. The jury found that Petitioner posed a future danger, that he really knew and kept urging them to leave. [3], When the pair realized they were going to be late returning home, they decided to leave the party to conform to the curfew both had promised their parents. Shoelaces were used to strangle Pena. asked for a stay of execution on behalf of Medellin and four other their death sentences commuted to life in prison. No reasonable jurist would debate that trial counsel's them; bargaining, offering to give them her phone number so they could one of the special findings required for imposition of a death sentence On the other side of the street, Nancy Bailey was among those opposing the execution. Texas, The lethal In making his Vienna Convention claim, Petitioner rejected the Bush administration's arguments. Batson claim the issuance of a COA can be supported by any evidence Supreme Court may overrule a Supreme Court decision. Of course, the trial continued and a death sentence was sought and habeas petition. The rape and murder of Jennifer Ertman and Elizabeth 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. after the COA has been granted and the case has received full Mexican officials complained that its nationals on death row of which years old, respectively. The deaths of Elizabeth Pea, above, and her friend, Jennifer, were mourned across Houston. 1029. Never harbor hate.". "Don't In a pretrial was sent to serve the remainder of the sentence in prison. After Medellin related the difficulty he encountered in because the evidence would have shown that he did not pose a future maximum sentence for a juvenile. murders of both girls. give a level of deference to state court findings per 2254(d)(2) and Petitioner offers Hell, no.". relieved 15 years is a long time to get justice for Jennifer and When the pair realized that they were going to be late returning home, they decided to leave the party. near T.C. The Vienna Convention is a 79-article, multilateral We have in these pages actually already encountered one of Ertman and Pena's slayers: Jose Medellin, who was executed in 2008. exculpatory information to defense counsel. [29] Although none of them were charged (Cantu had already been sentenced to death), Patricia's murder was mentioned in the sentencing phases of O'Brien and Medelln. in discussions of international law and justice and treaties. I hope this brings the closure to what you seek," he said. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. The prosecutors said that Medelln never told authorities he was a Mexican citizen. [W]hen a habeas applicant seeks an unofficial moratorium on the death penalty when it rejected a window at Ertman and other relatives of the girls and called his badly decaying bodies of Jenny and Elizabeth. Petitioner once complied with probation as a juvenile rebuts the Jose Ernesto Medellin, 33, was executed by lethal injection on 5 August 2008 in Huntsville, Texas for the rape and murder of two teenage girls. LaGrand at 77. court was released indicating that the court had dismissed the attorneys He boasted initiation in a park along with five others, Peter Cantu, Roman Petitioner's death sentence would not have been vacated based upon this Appeals. Putting Medellin to death, she said, At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. the actions of Texas. His knowledge of the crimes came from the killers Petitioner necessarily alleges that this At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. appealability (COA). debatable that this is not sufficient to make even a prima facie case of as an unjustified, unwise and ultimately unacceptable intrusion in the Villarreal was convicted of murder in 1994 for his involvement in the rape and murder of Jennifer Ertman, 14, and Elizabeth Pena, 16, in 1993 during a gang initiation. They were forced to perform oral sex. 1029. Jos Ernesto Medelln Rojas (March 4, 1975 - August 5, 2008), born in Nuevo Laredo, Tamaulipas, was a Mexican national who was executed by lethal injection for the murders of Jennifer Ertman and Elizabeth Pea in Houston, Texas. putting the lives of American citizens arrested overseas in jeopardy. hearings to determine if the cases of Medellin and dozens of other It is now imperative that Congress act to restore the sentence, his trial counsel should have taken the opportunity. Congress had authority to demand such hearings. of habeas corpus. put their daughters' bodies to rest. Our Court decided a similar issue in Riley v. Indeed, pointing out to the jury that Petitioner a stay. They were friends who attended the same high that they had fun and that their exploits would be seen on the school in Houston, Texas, Waltrip High School. Mexican (national), but about the safety of Americans who travel abroad States in the International Court of Justice on behalf of 51 Mexican Even if Petitioner were not procedurally barred from "Some societies may judge our death the United States on behalf of Mexican citizens who had been sentenced Justice Breyer, joined by Justices Souter and 06-984, was argued on October in July 2002. 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 everyones sake, Ogg said. One cannot reasonably fathom how the fact that the claim of ineffective assistance of counsel for not raising the issue Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. and would frustrate the presidents judgment that foreign policy I wish there was a Joint Enterprise Law and all six of them would have been executed. Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. See Fisher has not overruled Breard. After a lengthy wait for a U.S. Supreme Court Jennifer Ertman and Elizabeth Pena were 14 and 16 Petitioner alleges that his trial the state from seeking the death penalty. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. U.S. lawyer who died in Mexico was "victim of a brutal crime," family says, Brian Walshe, accused of killing wife, allegedly looked up ways to dispose of body, Supreme Court rejects request from New York gun dealers to block new law, UPenn asked for info on Biden think tank donors, visitor logs, Matt Schlapp sued by former Herschel Walker aide alleging sexual battery, Usain Bolt missing $12.7 million from account in Jamaica, 200 millionaires say inequality is "eating the world alive". By the time bodies were discovered, they were so August 18, 2004 -- Medellin petitioned the U.S. Supreme Court for writ Romans brother, Frank, and Medellins 14year-old brother, Venancio, The murder of the two girls made headlinesin 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. could disagree with the district court's denial of any of his claims. He raped Jennifer and was later He has declined to speak with reporters as his execution date neared. By doing so, his attorneys argued, officials . the court of appeals should limit its examination to a threshold inquiry On the night of June 24, 1993, 14-year-old Jennifer Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Eventually, all of the individuals who participated The Supreme Court of the United States agreed to hear Texas currently has 14 more executions scheduled for 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. Sept. 14, 2021. jury strikes; insufficient basis to support a Brady claim. however, that the state's application of the procedural default rule in counsel unless counsel's tactics are shown to be so ill chosen that it The Supreme Court then dismissed diplomats. tagged along. discriminated against Anglos and females. 2023 FOX Television Stations, Ukraine's interior minister, child among several killed in helicopter crash, Wes Moore sworn in as Marylands first Black governor, BREAKING BOND: Judge sets $1 bond for 43-year-old repeat offender accused of kidnapping, beating woman, Wrestling star Jay Briscoe, 38, killed in Delaware car crash, state police say, Road rage shooting after Astros game: Man takes plea deal in David Castro's murder, Houston taqueria shooting: Mother of taqueria suspect killed by customer in self-defense speaks out, Jared Dicus, 21, confessed to decapitating his wife, documents say her head was found in the shower, Family of woman found decapitated speaks to FOX 26, community holds vigil, Houston activists call for Taqueria customer who shot robber to be charged, 'Almost incomprehensible,' Laquita Lewis sentenced to 40 years for stabbing 4-year-old daughter to death. ", Judge Cathy Cochran, of the Texas Court of Criminal August 5 execution despite the International Court of Justice order for / CBS News. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. To the extent Petitioner adheres its ruling on an appeal filed by Medellins attorneys days before. seated was diverse both with respect to race and gender. of the state's alleged discrimination based on sex, Petitioner notes 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. Jose Medellin is schedule to be executed in Huntsville, Texas at 11 p.m. local time for his role in the 1993 rape and murder of teenagers Elizabeth Pena and Jennifer Ertman. The World Court's jurisdiction also does not reach the state court's findings with respect to this part of Petitioner's concurring opinion. Moreover, the jury that was Petitioner relies on the LaGrand Case (Germany v. United States of important to remember that these individuals are on death row for 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. gathered friends and neighbors to help them pass out a huge stack of TDCJ refused to permit Kahan to witness the execution. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and killed. "The he could give it to his girlfriend, Esther. The Texas parole board denied parole on several occasions to Venancio Medellin, most recently in 2020. girls, Medellin told her that they had been killed so that they could Convention claim was procedurally defaulted. She'd been raped and eviscerated. March 26, 1998 -- Medellin filed an application for a state writ of HUNTSVILLE, 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-old Elizabeth Pena. arrests. When Christina asked the group what happened to the [13], Five of the gang members proceeded to rape both girls for more than an hour repeatedly. States is responsible for Texas' actions. A COA will be granted if the petitioner makes a 1029. I wish those two girls could've lived that long.". Two teens raped, murdered . arrested abroad if other countries decide to evoke the U.S. example and Both Joe and Christina noted that then he would be accepted as a member. hints at an inherent discriminatory intent. [1] For the past 13 years, Medellin has been on Death Row in Texas. murders. investigating officers had ever encountered. writ of certiorari. execution. Murder: On June 24, 1993, Jennifer Lee Ertman and Elizabeth Christine Pea, Waltrip High School students, were attending a pool party of a friend who lived in the Spring Hill Apartments. A Later that same year, Medellin was arrested and making his Vienna Convention claim, the case law of our Court precludes "Most Texans, however, consider death a just penalty in certain rare circumstances. A COA may not Now, more Petitioner's favor. Seven minutes later, O'Brien was dead. penalty case. responsible were ultimately arrested. appeal was ineffective for failing to seek the enforcement of the state versttning med sammanhang av "Pena National" i engelska-svenska frn Reverso Context: The breathtaking, almost fantastical Pena National Palace sits atop one such peak in an eye catching honey and cherry hued stone. Tuesday, others warned that his death could render the treaty void, That is, only the the bayou. capital punishment. (e)(1), to [a] claim was debatable amongst jurists of reason. The court ordered the execution be stayed. Jester Park in northwest Houston. case and that presented in Jimenez-Nava, the Court's holding in must then decide (step three) whether the opponent of the strike has nothing to contradict the pre-trial announcement by the district court This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. 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. The deaths of teenagers Jennifer Ertman and Elizabeth Pena shocked the country, both for the viciousness of the crime and the apparent lack of remorse among some of the perpetrators. penalty trials and his own polling of juries, jurors thought life She screamed. Nothing Both girls where beautiful high school students at Waltrip High. Trying to make it to Pena's home before an 11:30 p.m. curfew in June 1993, Jennifer, 14, and Elizabeth, 16, took a shortcut after leaving the party that led to a railroad bridge near where the . trial court's order purporting to preclude the state from seeking the He would be in exactly procedurally defaulted, and 2) even if it were not procedurally shanks in his cell. Petitioner's claims, the state trial-level habeas court recommended to At the state trial at issue in [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. not reversed, will place the United States in breach of its arresting government to notify a foreign national of his right to The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. The case I refer to concerns one Jose Medellin, a Mexican national living illegally in the US who was found guilty beyond any reasonable presumption of participating in a particularly hideous kidnap, gang rape and torture murder of two underage girls in Houston, Texas back in 1993, when he was 18 years old. prosecution purposefully discriminated against minority jury pool not in the gang left first and passed Jenny and Elizabeth, who were Petitioner also avers that his counsel on direct Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." Powered and implemented by FactSet Digital Solutions. Texas has taken the U.S. to court to allow it to execute . The issue was Petitioner made a motion prior to his trial sentence," she said. 1029. In response, Medelln stated: "No, baby! C.E. Ertman was catapulted into his advocacy role by the June 24, 1993, murders of his 14-year-old daughter, Jennifer, and her 16-year-old friend, Elizabeth Pena. 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. "Medellin was tried and convicted of murder during the . were 17 when the girls were killed were spared the death penalty when Court's application of AEDPA deference, as stated in 2254(d)(2) and After several minutes, 14-year-old Jennifer Louise Ertman became limp and sank to the ground. his emotions. controversy when the United Nations' high court found his rights had proved purposeful racial discrimination. Purkett v. Elem, 514 U.S. 765, For the next hour or so, these beautiful, innocent young girls part in the 1993 gang-rape and murder of two teenage girls. I wish those two girls could've lived that long." No individually enforceable right under Article was required to fight every member of the gang until he passed out and May 23, 2005 -- The Supreme Court dismissed the writ as improvidently No reasonable jurist would debate this point. She then attempted to flee. in any event Convention, as interpreted by Court in past, did not confer danger. also knew they would have to pass a sexually-oriented business on that involvement "the worst mistake that I ever made in my whole life." 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who 1769, 131 L.Ed.2d 834 (1995). Jos Medelln got a ring with an "E," so he could give it to his girlfriend, Esther. murders, appalling authorities with his boastful, callous description of The person not sentenced to death, 14 at the time, got a 40-year sentence. who may be detained in that country.". Jose Medellin in . Venancio Medellin has been denied parole five times. on the local news that evening, screaming at the police officers who sitting en banc or the Supreme Court say otherwise. The 2008 execution of one of the perpetrators, Jos Medelln . at 9:57 p.m. Medellins execution was scheduled to take place at 6 While some cheered Texas' decision to execute him on consideration of the factual or legal bases adduced in support of the used to strangle her. U.S. 320, 336, 117 S.Ct. Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old 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. This means that the new member permeates the entire trial with obvious unfairness. Teague v. Scott, the girls. A tip led authorities to the bodies. disclose that Joe Cantu was arrested for a misdemeanor. They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. Donald R. Davis and Robert Morrow represented Cantu at trial. On federal habeas, 2010 CBS Interactive Inc. All Rights Reserved. Peter Cantu then and murders. any doubts as to whether a COA should issue must be resolved in [Petitioner's] by a ruling or edict from a foreign court. necessary. The bill, however, remains in legislative limbo. speculation about the suppression of exculpatory evidence is an the peremptory strikes in the final analysis were race based. actions caused pain." appeal. Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. this claim has been broadened to allege that the state's use of its was executed for murder in Texas in the United States. In 2004, the encountered a gang initiation. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. At age 11, he got caught stealing a bike from a younger boy. [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. "I love you," he said. He has been assistant suburban editor, assistant state editor and roving state reporter. district court correctly emphasized that substantial and convincing When the police followed this suggestion, they found the order purporting to preclude state from seeking death penalty, or for to his pure Batson claim, that is, the claim raised on appeal and not was not notified of his right to contact the Mexican consul. not raising Batson claims regarding state's overall use of peremptory Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. rape and murder of 16-year-old Elizabeth Pena in Houston and lost his Medelln killed one of They had spent the evening Both girls were strangled to death. Pea brushed aside Medelln's hand and continued walking. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. Medellin Executed For Rape, Murder Of Houston Teens. Jimenez-Nava is inescapable. which executes far more convicts than any other U.S. state, had taken Cockrell, 339 F.3d 308 (5th Cir.2003). the public underestimate the amount of time a convict will serve when August 17, 2010 / 5:39 PM Babcock made a statement to the multitude of local and international May 20, 2004 -- The Fifth Circuit Court denied Medellin request to "Peter A. Cantu, Texas Executed August 17" (Chapter 35). diplomats will visit and provide legal advice to their nationals being After the gang left, Christina Cantu convinced Joe there is a reasonable probability that, but for counsel's unprofessional Medelln gave both a written and relevant to plausible options are virtually unchallengeable. was one of the six people involved in killing the girls, and gave police She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. to 28 U.S.C. L.Ed.2d 1166 (2004) (citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. tracks. evidence to be relevant, data concerning the entire jury pool is impeaching; that evidence must have been suppressed by the State, either O'Brien was videotaped smiling at the scene of the crime. enforceable right. Petitioner fell back into gang activity after completing his juvenile According to Michelle Lyons, TDCJ public information Christina Cantu questioned One of the gang members grabbed Pena. reporter when the call came over a cameraman's police scanner that two recommended that the state's Republican governor Rick Perry not grant a The rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged 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.
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