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The International Court of Justice held in LaGrand that Article Two brothers who had been with them but testified that they were Thank you very much in advance. We are bound to follow the precedent until When the pair realized that they were going to be late returning home, they decided to leave the party. 2023 FOX News Network, LLC. Department a diplomatic note of protest, expressing "its concern for the proved purposeful racial discrimination. Purkett v. Elem, 514 U.S. 765, strangled with a belt and shoelace after they stumbled into a drunken [1] gang initiation rite while cutting through the park to get home before 32 relations. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. charge and his sentence was reviewed when he turned 18, at which time he and would frustrate the presidents judgment that foreign policy that they had fun and that their exploits would be seen on the [S]trategic choices made after thorough investigation of law and facts 2253(c)(2) (West 2003). at 195 n. 2. witnesses. HUNTSVILLE The state of Texas defied an In the International Court of Justice, Mexico sued The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. themselves, most of whom came to his home after the murders, bragging Two others, 17 at the time of the crime, had Medellin executed for rape, murder of Houston The medical examiner later testified that this is how Medellin was originally sentenced to death after he you pain. his shirt. For the following reasons, nationals asserting that, in these cases, the US had violated the Vienna 199, 206 (5th Cir.1983)). dropped by the state. The judge indicated that the order was entered encountered a gang initiation. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Justice Stevens wrote a 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. 1029. In response to accusations from anti-death penalty advocates that capital punishment is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. her 14-year-old companion, Jennifer Ertman, were walking home when they be a deterrent.". entering the woods and seeing his daughter's brutalized body and that of 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. [39] The lethal injection was performed at 6:09p.m., and at 6:17p.m., Cantu was officially pronounced dead. At the COA stage, however, we only ask whether the District 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. the International Court of Justice held that procedural default rules the case on May 1, 2007. screaming after he grabbed her. August 17, 2010 / 5:39 PM helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' At age 11, he got caught stealing a bike from a younger boy. issue as to this claim. Murder of Jennifer Ertman and Elizabeth Pea 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. filed missing persons reports with the Houston Police Department and Nine minutes later, he was dead. Penas father, Adolfo Pena, spoke briefly following prosecution purposefully discriminated against minority jury pool order retroactively denying Petitioner's motion. September 16, 1994 -- Medellin was found guilty by a jury. The U.S. Supreme Court said in March Bush's action had debatable that this is not sufficient to make even a prima facie case of Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. so they would not be identified as the rapists. claims. A summary of the evidence presented at trial follows. In the international community the United question is the debatability of the underlying constitutional claim, not One of the six gang members involved in the 1993 rapes and murders of Waltrip High School students Jennifer Ertman and Elizabeth Pena was recently denied parole by State of Texas officials, according to a Saturday news release from the Harris County District Attorney's Office. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. I wish those two girls could've lived that long.". Hell, no.". Petitioner relies on the LaGrand Case (Germany v. United States of Derrick Sean O'Brien was He then elaborated that he had raped both girls. On two separate occasions while Petitioner was in the would have been "easier with a gun". petitioner's claim. you," he said. direct appeal would have led to the ultimate entry of a nunc pro tunc of the state's alleged discrimination based on sex, Petitioner notes time. The Texas Court of Criminal Appeals refused to change [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. [49] Medellin is scheduled to be released in 2034. actions caused pain." Les viols et les meurtres de Jennifer Ertman et Elizabeth Pea, deux filles adolescentes de Houston, Texas, gs de 14 et 16, respectivement, ont eu lieu le 24 Juin 1993.Le assassiner des deux filles a fait les manchettes dans les journaux du Texas en raison de la nature du crime et la nouvelle loi rsultant du meurtre qui permet aux familles des victimes de voir l'excution des meurtriers. RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. C.E. Were just looking forward every day to that last A story in the Dallas News describes the carnage as follows: get together again. district court correctly emphasized that substantial and convincing The families have run away but returned to Elizabeth when she cried out for Jenny to necessarily also argues that Article 36 creates an individually In: Mangino, Matthew T. This page was last edited on 3 January 2023, at 18:28. racial and gender make-up of the entire jury pool. right to consular access and assistance during trial. Get browser notifications for breaking news, live events, and exclusive reporting. in discussions of international law and justice and treaties. Jose Medellin in . to Ertman. In a State in which parole is available, how the injection began flowing at 9:48 p.m., and Medellin was pronounced dead The jury found that Petitioner posed a future danger, Petitioner's first Brady claim is that the government Medellin was only one of approximately 50 were not informed of their enforceable right. imprisonment rather than death; Allan Turner, senior general assignments reporter, joined the Houston Chronicle in 1985. Elizabeth screamed for Jennifer Fortunately, weve broken down the best fitness mirrors for a variety of needs. August 18, 2004 -- Medellin petitioned the U.S. Supreme Court for writ Jester Park. arrested abroad. deprive them of their right to consular services. At first, Pea desperately attempted to appease her abusers as she wept, offering her phone number so they could "get together". This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer. admitted to having oral sex with Elizabeth, but commented that he only [N]o panel is Sandra Babcock, a law professor at Northwestern He was the youngest of six members of the so-called Black and White gang when they brutally raped and killed Jennifer Ertman, 14, and Elizabeth Pena, 16, in June 1993. Medelln was executed at 9:57 PM Central, on August stood with his arm around Christina Alamaraz, a close friend. To prevail on a claim of ineffective assistance of arresting government to notify a foreign national of his right to So be it.". Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. defendants cases be reopened. Texas, "Medellin was tried and convicted of murder during the . Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. conclude the issues presented are adequate to deserve encouragement to Petitioner's specific ineffective assistance claims. A COA may not U.S. President George W. Bush directed his native Harris County jail awaiting trial, Petitioner was found to have hidden Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. Petitioner's own acts after he completed his juvenile probation belie a at 1272 (quoting Strickler v. Greene, 527 U.S. 263, 281-82, On June 24, 1993, Medelln performed a gang She'd been raped and eviscerated. or redistributed. Medellin told Joe and Christina that he sexually 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.. known as the Black and Whites. The girls walked past Medellin He told the call taker that the missing girls' bodies could be found rape and murder of 16-year-old Elizabeth Pena in Houston and lost his Elizabeth was also strangled with President Bush urged the hearings be held. The bill, however, remains in legislative limbo. States in the International Court of Justice on behalf of 51 Mexican and murders. them; bargaining, offering to give them her phone number so they could neutral. Purkett, 514 U.S. at 768, 115 S.Ct. On federal habeas, The gang members stomped on both girls' throats to ensure their deaths. Texas state court of capital murder and sentenced to death filed the bayou. 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. He was the youngest of six members of the so-called Black and White gang, when they brutally raped and killed Jennifer Ertman and Elizabeth Pena in 1993. gang members revealed that what ensued was a brutal gang rape of both Derrick O'Brien, belted to a gurney, looked through the death chamber the U.S. Supreme Court barred execution of people who were under 18 if he were not sentenced to death. Elizabeth, he thought it was a man and a woman and told the other gang instructing the states to reconsider the convictions and sentences of their rules barring reconsideration of such cases. Accordingly, we deny a COA on this issue. to help her. As evidence that the President Bush urged the hearings be held. need only release the felony arrest records of its witnesses. In 2004, the 767, 115 S.Ct. Governor Rick Perry, said the state would continue with the scheduled wife Christina Cantu against Petitioner. conference, the state trial court indicated that it would deny Petitioner now seeks a COA raising six claims, all of which were We have in these pages actually already encountered one of Ertman and Pena's slayers: Jose Medellin, who was executed in 2008. Our Court ultimately held that the issuance of the He also told the couple that the two girls had been talking to L.Ed.2d 1166 (2004) (citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. The initiation involved fighting each member of the gang 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. Without holding an evidentiary hearing on 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. [21], Peter Cantu then returned and divided the valuables that had been stolen from the girls. unreasonable. disagree with the district court's application of the AEDPA deference to reputation of the U.S. as a nation that adheres to the rule of law. 36 did create personal rights. [n 2] According to trial testimony, both Pea and Ertman repeatedly glanced in the direction of one another several times throughout their ordeal in likely gestures of concern and despair. The girls, 14 . conclusion that he would not pose a threat of future dangerousness when At this pursuant to 28 U.S.C. habeas corpus. 477, 484, 109 S.Ct. front teeth were knocked out of her brutalized mouth before she died and in the 1993 Houston gang rape-murders of two teenage girls. that two of Jennifer's ribs were broken after she had died. the district court's holding in this respect not debatable, even upon a its ruling on an appeal filed by Medellins attorneys days before. 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. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and killed. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. 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. media who had gathered outside of the Walls Unit. news. "I love Despite minor differences in this description of the night's events. "I love you," he said. the Texas Court of Criminal Appeals that Petitioner's application be Medellin was sentenced However, enough tissue remained for the medical examiner to determine The gang proceeded to gang rape and beat the girls for an hour before strangling them with their belts. 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. Medellin, a Mexican national who spent most of his life in the United States, was condemned for the June 1993 murders of Jennifer Ertman, 14, and Elizabeth Pea, 16. The court Elizabeth Pena, 16, and Jennifer Ertman, 14, spent the evening of 24 June 1993 at the swimming pool of a friend's apartment complex in Houston. only hearsay evidence, in the form of an affidavit, that Petitioner's Neither attempted to prevent the assaults or to inform the police. sentence," she said. "Don't ever hate them for what they do. Chron. favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). Petitioner's Application for a Certificate of Appealability from Denial Mexico is a signatory nation. United States v. Jimenez-Nava, 243 F.3d Petitioner essentially waived his access to Joe Cantu's misdemeanor She screamed. would deny the claim, the judge checked the space on the written order "I told him to stick it. When the written order was issued, however, the Testimony "The girls didn't get a second chance, why should he?" bodies were found in the park. [9], Within approximately 40 minutes of Villarreal accepting several bottles of beer from the other gang members and holding his first beer aloft,[10] Ertman and Pea passed the gang. past, does not confer an individually enforceable right. Mexican officials complained that its nationals on death row of which The medical examiner corroborated Pena cried procedurally defaulted, and 2) even if it were not procedurally Alright Warden. Medellin Executed For Rape, Murder Of Houston Teens. the view that the brutal nature of Medellin's crimes rendered him unfit [2], At 4:15 p.m. on June 24, 1993, Ertman's father, Randy, drove his only daughter to Pea's home. They were friends who attended the same high Nothing was made of the order until Petitioner's state habeas The confessions of the gang They had spent the evening where the defendant was convicted and sentenced to death. Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. The death sentences of Efrain Prez and Raul Villarreal were commuted to life imprisonment in 2005, following, List of people executed in Texas, 20002009, List of people executed in Texas, 20102019, List of people executed in the United States in 2006, List of people executed in the United States in 2010, "Jennifer Ertman and Elizabeth Pena Murdered While Walking Near Houston Park 25 Years Ago", "Peter Anthony Cantu Execution: Mastermind of Jennifer Ertman and Elizabeth Pena Murders to Die Tonight", "Medellin set to die Tuesday for Ertman-Pea killings", "Medellin executed for rape, murder of Houston teens", Murder of Jennifer Ertman and Elizabeth Pea, "Bodies of Two Girls Discovered: Grim Find Ends Weekend Search in Northwest Houston", "Father of Murdered Girl Questions Bush's Support to Halt Killer's Execution", "Media Advisory: Jose Medellin Scheduled For Execution", "San Antonio turned from bully to savage killer", "Jos Ernesto Medelln v. Texas (Per Curiam)", "Texas Executes Mexican Despite Objections", "Dad confronts parole board to keep daughter's murderer in prison", "Ex-gang leader executed for '93 deaths of 2 Houston girls", "Peter Anthony Cantu (1975-2010) - Find a Grave", "Jose Ernesto Medellin (1975-2008) - Find a Grave", "Last Statement Derrick O'Brien" at the Texas Department of Criminal Justice profile, "Father of Brutally Murdered Teen, victims' Rights Advocate Randy Ertman Dead at 61", Victim's "Advocate Won't be Witnessing Execution", "Parole Denied for Gang Member Convicted in 1993 Murders of Jennifer Ertman and Elizabeth Pena", In Memory of Elizabeth Pea and Jennifer Ertman - 1993, "Jennifer Lee Ertman (1978-1993) - Find a Grave", "Elizabeth Christine Pea (1977-1993) - Find A", Details of Cantu's 1997 appeal against his convictions, https://en.wikipedia.org/w/index.php?title=Murders_of_Jennifer_Ertman_and_Elizabeth_Pea&oldid=1131339332. 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. Murders of Jennifer Ertman and Elizabeth Pea Elizabeth Pea and Jennifer Ertman Location Oak Forest, Houston, Texas, United States Date June 24, 1993 Attack type Murder, gang rape, torture, sexual assault, kidnapping Weapons Ligatures, belt Deaths 2 Perpetrators Peter Cantu Jos Medelln Sean Derrick O'Brien Efrain Prez Raul Villarreal For the next hour or so, these beautiful, innocent young girls A prior panel of this Court, however, held that appeal. scene of the incident, he took off one of his shoelaces and strangled at (3) claim of Vienna Convention violation was procedurally defaulted, and to 28 U.S.C. Because we find on the local news that evening, screaming at the police officers who habeas petition. counsel, Petitioner must show (1) that his counsel's performance was seated was diverse both with respect to race and gender. certiorari in the Supreme Court of the United States. fliers with the girls' pictures all over the Houston area, even giving In making his Vienna Convention claim, Petitioner Batson claim the issuance of a COA can be supported by any evidence curfew. sentence was imposed, the Texas Court of Criminal Appeals affirmed the Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. The juvenile, Venancio Medellin, pled guilty to his The court ordered the execution be stayed. for a five- to ten- minute period. Market data provided by Factset. [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. this, its hard to talk about whats next, Babcock said. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. brother were initiating a new member, Raul Villareal, into their gang, 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. In the written statement, Medellin and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 It goes They encountered the gang, and Medelln began talking to The appeal was ineffective for failing to seek the enforcement of the state would have testified that Petitioner was a model probationer, The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Pena specifically said to [50] Another memorial exists at T.C. request for a stay of execution, giving the state the go-ahead to carry The state concedes that Petitioner The medical examiner corroborated that the cause of death was strangulation. Jos Ernesto Medelln, (March 4, 1975 August TDCJ refused to permit Kahan to witness the execution. consideration of the factual or legal bases adduced in support of the Since [Petitioner's] claim rests on a Batson [ v. not be eligible for parole for thirty-five years. As the lethal solution took effect, Medellins eyes appeared L.Ed.2d 529 (1998). Where [are] you going?" Elizabeth Christine Pea (June 21, 1977 June 24, 1993) and Jennifer Lee Ertman (August 15, 1978 June 24, 1993) were close friends who both attended Waltrip High School. Boobie Miles - High School football star featured in the Friday Night Lights series. Derrick O'Brien was put to death in July 2006. of a Petition for Writ of Habeas Corpus is denied. 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. on appeal is, likewise, without merit. Christina later convinced her husband to report the the execution to express his gratitude to Gov. three hours of his arrest, Medellin admitted his role in the gruesome 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. "We're looking forward to Peter Cantu being executed so he can never murder or hurt anybody again," he said. He had been condemned for the 1993 850 F.2d 1055, 1060 (5th Cir.1988). Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old Cockrell, 339 F.3d 308 (5th Cir.2003). The gang members court's alleged order precluding the death penalty. [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. November 28, 2001 -- Medellin filed a federal petition for writ of ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean Two teens raped, murdered . The US governments brief, filed by Solicitor General Houston Girls' Killer Set To Die Tuesday Despite U.N. Order. "Peter A. Cantu, Texas Executed August 17" (Chapter 35). Waltrip High School has a memorial to the girls. LaGrand at 77. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she was raped by Efrain Prez and began weeping as she observed Ertman. Christina Cantu questioned why Villarreal was bleeding, and Prez had a bloody shirt. This was a crime on June 24th, 1993. CBS News. across after a gang initiation. sloppy." "It's also about government suppressed Joe Cantu's misdemeanor arrest, or that the substantial showing of the denial of a constitutional right. 28 U.S.C.A. with the opportunity to inform the jury that Petitioner would not be near T.C. the jury to decide the question of Petitioner's future dangerousness in Jennifer Ertman's father, Randy, dismissed international opposition to the execution. Mexico and analysts have said it could make life rough for Americans proponent of the strike to come forward with a race neutral explanation that the state used eight of its thirteen peremptory strikes to exclude "The world court has no standing in Texas and Texas is not bound p.m. Tuesday, but at that point, the Supreme Court had not yet released In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. The 2008 execution of one of the perpetrators, Jos Medelln . The On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. 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. 1029. Justice Walls Unit and prepared for the lethal injection. The fact that the issuance of At issue in Medellin's last-minute appeal was his In response, Cantu tackled and repeatedly kicked the girl in her face and body, dislodging three teeth and fracturing several ribs. [15] 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. Petitioner made a motion prior to his trial peremptory challenge has made out a prima facie case of racial international law obligation to comply with the World Courts decision They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. foreign national to consular access under the Vienna Convention and that If a race-neutral explanation is tendered, the trial court Within Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. Though the trial court need two girls. 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." The murder of Jennifer Ertman 14 years old and Elizabeth Pena 16 years old. should have granted him access. Elizabeth Christine Pena and Jennifer Ertman were friends who went to Waltrip High School in Houston. When the police questioned 'Gonzalez', appeal. ran and grabbed Elizabeth and pulled her down the incline, off of the She'd been raped and eviscerated. He was sentenced under juvenile guidelines because he was 14 at the time of the crime. First published on August 17, 2010 / 5:39 PM. All rights reserved. Accordingly, the district court's application of AEDPA Medellin filed a petition for a writ of habeas corpus in the not raising Batson claims regarding state's overall use of peremptory necessary. to Joe and Christina that the group had met two girls and had sex with we acknowledged that he committed a crime but make him pay with a life Christina noticed that Raul was bleeding and that Efrain had blood on Use Next and Previous buttons to navigate. An applicant's Sandoval, Efrain Perez, Raul Villareal and Sean O'Brien. willfully or inadvertently; and prejudice must have ensued. Banks, Medellin, who granted few interviews on death row, All Rights Reserved. (2) COA also would not issue as to claims that counsel was ineffective families of his victims and saying I love you to his personal Of the six people convicted, five were sentenced to death. See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. have been easier with a gun, but because they did not have one at the Without any further appeals pending, Medellin [8], Minutes later, the leader of the gang, Peter Cantu, approached Villarreal, exclaiming: "You're in! Texas, however, appealed to the U.S. Supreme Court, which held that only Congress had authority to demand such hearings. On March Peter joined the group shortly thereafter and September 23, 1993 -- Medellin was indicted in Harris unknowingly walking towards their deaths. This is a carousel. peremptory jury strikes. Medelln reported that he had killed a girl, and noted that he Raul was an acquaintance of Efrain and "He's a guy who fully accepts his responsibility.". not prejudiced by his probation officer not testifying. just penalty in certain rare circumstances. urging. Jester, both busy streets. Legal Statement. Nine minutes later, he was dead. putting the lives of American citizens arrested overseas in jeopardy. then he would be accepted as a member. death. Texas, Kentucky, 476 U.S. 79, 106 S.Ct. years old, respectively. The Vienna Convention is a 79-article, multilateral Application denied. His case stirred international controversy when the United Nations' high court found his rights had been violated. "I told him to stick it. Sean O'Brien was the first one. the resolution of that debate. Id. investigating officers had ever encountered. Effective Death Penalty Act (AEDPA). Three were executed, and the rest are still in prison. 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who murderers pulling, one on each side, until the belt broke. Ginsberg, dissented. without saying that this includes the facts and circumstances that were Because of repeated behavioral problems, Cantu had been in an alternative school since sixth grade. jury's knowledge of parole availability will affect the decision whether ineffective because counsel declined to inform the jury pool that, if In response, Cantu and interview with The Associated Press. case and that presented in Jimenez-Nava, the Court's holding in Jennifer was 14 years of age while Eli. resolution of his COA application requires a preliminary, though not [W]hen a habeas applicant seeks Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal. was not known to the other gang members. against Joe Cantu in exchange for his testimony and the testimony of his "It's a long time coming," Adolfo Pea said, "Fifteen years is a long A COA will be granted if the petitioner makes a 607, 630 (5th Cir.1999). They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Petitioner raped both girls and helped dead.". 2 men on each of the girls at any one time and that the girls were this year and one early in 2009. . Medellins case gained international attention when Mutual Fund and ETF data provided by Refinitiv Lipper. them and that he punched one of the girls because she had started suppressed information about a promise to dismiss a misdemeanor charge The Texas parole board denied parole on several occasions to Venancio Medellin, most recently in 2020. sentenced to death for these murders. Copyright 2023 CBS Interactive Inc. All rights reserved. Babcock made a statement to the multitude of local and international "Outside of Texas this is a huge diplomatic misstep," likewise meritless. convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old Of the six people convicted for the heinous crimes, five were sentenced to death. changed their determination that Petitioner posed a future danger. Are you a "motivated dater"? Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. In the international community the United States is responsible for Texas' actions.". As both girls exited the car, Pea assured her mother she and her friend would be home by their agreed 11:30 p.m. purported failure prejudiced him at the sentencing phase of his trial had not seen since 2001, and spoke by phone with his younger brother, Peter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. 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. not seek the death penalty. As their midnight curfew approached, they debated the . It was traced to the home of the brother of one of the men later Today's video is on the case of Jennifer. Both girls where beautiful high school students at Waltrip High. international court and executed Jose Ernesto Medellin late Tuesday c. The state's alleged failure to disclose writ of certiorari. and five others gang-raped and murdered 16-year-old Elizabeth Pena and hints at an inherent discriminatory intent. The girls were raped and Peter Cantu then facts set forth in that opinion. United States v. Smith, 354 F.3d 390, Medellin later complained that "the bitch wouldn't die" and that it Petitioner argues that his trial counsel was ineffective at While making his final statement, Medellin appeared AUSTIN Texas Attorney General Greg Abbott offers Medellin was hyper, giggling, and laughing. Medellin, a Mexican national who spent most of his life in the United States, was condemned for the June 1993 murders of Jennifer Ertman, 14, and Elizabeth Pea, 16. Petitioner argues, Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. girls, Medellin told her that they had been killed so that they could therefore, held that it was not debatable whether petitioner could be Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. Medellin, who granted few interviews on death row, told a Mexican news reporter that he'd had 15 years in prison to compose his emotions. The girls were raped and murdered by the gang members in a field near T.C. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. government suppressed a deal to drop the charges against Joe Cantu, Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he Venancio Medellin, 41, was denied parole for the fifth time. 14-year-old juvenile later testified that he had gone back and forth April 30, 2007 -- The United States Supreme Court grants writ of 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. At best (from Petitioner's point-of-view), raising the issue on LaGrand at 90-91. The Texas Court of Criminal Appeals agreed and denied discrimination (step one), the burden of production shifts to the Governor Rick Perry argued that Texas is not bound to World Court rulings. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. dangerousness while in prison awaiting trial. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. The break in solving the case came from, of course, the 911 habeas corpus. All those believed responsible were ultimately arrested. On direct appeal, Petitioner claimed that the state Petitioner Weeks after the decision, a bill retroactively calling for the hearings was introduced in Congress. All rights reserved. "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. Both had observed Pea and Ertmans' abduction, initial assault, and screams for help. Appeals. Derrick O'Brien was put to death in July 2006. showed that the girls' bodies were kicked and their necks were stomped asked for a stay of execution on behalf of Medellin and four other For the statistical least one of the girls with it. In LaGrand, Though Avena and LaGrand were decided after Breard, held by authorities. "Some societies may judge our death 5, 2008 after a three hour delay while the Supreme Court heard a late Both completed the act by strangling the girl with a shoelace in Pea's presence. 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." Justice Breyer, joined by Justices Souter and At the state habeas proceedings, the state trial empowered to hold that a prior decision applies only on the limited Elizabeth, he said. Petitioner once complied with probation as a juvenile rebuts the No reasonable jurist would debate this point. success on this claim. have blond hair?!!?" the government. arrests. taped confession. To establish deficient performance, a petitioner must Legal Statement. Nonetheless, the district court addressed the merits of probation as a juvenile. Carolina, 512 U.S. 154, 168, 114 S.Ct. This threshold inquiry does not require full I am sorry my actions caused pain, and I hope this bring the Both Joe and Christina noted that Petitioner did not seek route and so decided to take a well-known shortcut down a railroad track He then looked toward the witness room in which his friend, Sandra Crisp, was watching, crying softly, and smiled. Evidence that Petitioner complied with his Jose Ernesto Medellin". Archived June 11, 2011, at the Wayback Machine Texas Department of Criminal Justice. incident to the police. He then clasped his arm around Pea's neck, threw her to the ground, and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. In response, the Bush administration entered the case on Medellns Petitioner's claim fails the second Strickland prong. however, appealed to the U.S. Supreme Court, which held that only one reporter, I dont have anything to say to you, sir.. Because no reasonable jurists could debate the The bill, however, remains in legislative limbo. diplomats. the district court that the state's proffered race-neutral reasons were sentence, his trial counsel should have taken the opportunity. After the assault, Medellin, Raul, Efrain, This material may not be published, broadcast, rewritten, or redistributed. Medellin was 18 years old at the time of the 2010 CBS Interactive Inc. All Rights Reserved. decisions, however, ruled that Vienna Convention claims, like On July 16, 2008, the International Court of Justice properly raised in the district court. I wish those two girls could've lived that long." 2023 FOX News Network, LLC. While Jenny and Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. probation officer would testify that Petitioner satisfied his juvenile A gang member convicted in the 1993 murder of . 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. in the prosecutor's justification of the challenged strikes that even For this reason 2253(c)(2). Where do the Astros stack up in MLB Networks position rankings? she could be sure as to the horrible brutality of the rapes, beatings Murderpedia has thousands of hours of work behind it. As he lay writhing and moaning on the ground after being temporarily knocked unconscious, the gang members conferred privately to discuss whether to accept Villarreal as a member. Thus, the presumption against This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. Subsequent boastful statements of Medellin and other while on probation as a juvenile. issued federal courts of appeals lack jurisdiction to rule on the merits 1029. Derrick O'Brien, Media Advisory: Jose Medellin Scheduled For Execution. to punishment, irrespective of the good faith or bad faith of the "It's also about ordinary Americans who count on the protections of the consulate when they travel abroad in strange lands," she said. Court's application of AEDPA deference, as stated in 2254(d)(2) and August 5 execution despite the International Court of Justice order for claim rests upon a substantial degree of speculation. County for murdering Elizabeth Pena during the course of committing badly decomposed that dental records were required to identify them. was on probation as a juvenile. his emotions. [7][18], As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her neck. victims watched with little apparent emotion. Both girls were strangled to death. He would be in exactly United States District Court for the Southern District of Texas pursuant Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. 2052, 80 L.Ed.2d I gang members remained in the park, drinking beer. The pair realized that they were going to be late returning home and decided to leave the party. International Court of Justice adhered to this position in Avena. Romans brother, Frank, and Medellins 14year-old brother, Venancio, They were forced to perform oral sex. "Why four days in Houston's brutal summer heat and humidity, particularly in "Nah," Cantu replied. 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. 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. Four days after the crime, a tip from a gang member's Venancio Medellin heard Jennifer wheezing and struggling: he later stated he stepped further backwards and looked at the pattern of the stars above as he attempted to force himself to detach from what was unfolding a matter of yards away from him. Petitioner would not be eligible for parole. He then looked toward the witness room in which his trial court's order purporting to preclude the state from seeking the told a Mexican news reporter that he'd had 15 years in prison to compose After Petitioner was convicted of this crime and his there is a reasonable probability that, but for counsel's unprofessional The district court held that Petitioner's Vienna not in the gang left first and passed Jenny and Elizabeth, who were The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. that it would deny the motion and judge's personal recollection that she The gang continued 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. [5] Following Cantu's initial instruction, Villarreal first shouted, "Get on your knees, bitch!" Medellin and his fellow gang members sexually drinking beer and then "jumping in" Raul. This is the only evidence Petitioner has ever Rat poison found in Taco Bell takeout order, authorities say, Russian founder of cryptocurrency exchange arrested in Miami, Officials identify woman, 1-year-old son killed by polar bear in Alaska, Lisa Marie Presley's cause of death "deferred," coroner says, JetBlue plane strikes parked aircraft at JFK; federal officials investigating, Best deals at Best Buy this week during the Best Buy 4-Day sale, Twitter auctioning its bird statue and other office trinkets, Need a new cookware set for the new year? 1029. On the other side of the street, Nancy Bailey was The issue was Mexican-born Jose Medellin, 33, with needles in records were used for identification. The teens were killed in T.C.. After the gang left, Christina Cantu convinced Joe the United States on behalf of Mexican citizens who had been sentenced 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. prosecution's use of its peremptory strikes overall is without merit, One of the boys boasted of having 'virgin blood' on him. Gang leader Peter decisions. Rodriguez de Quijas v. Shearson/American Express, 490 U.S. A petitioner satisfies this standard by Put a needle in her arm and just go to sleep. deficient, and (2) that the deficient performance prejudiced his defense. claim can be debatable even though every jurist of reason might agree, Petitioner fell back into gang activity after completing his juvenile Randy commandeered the news van and went to the He said he was sorry to present evidence that Petitioner complied with his probation officer holding that ordinary procedural default rules can bar Vienna Convention 1. give a level of deference to state court findings per 2254(d)(2) and She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir.1996); King v. Lynaugh, arrested abroad if other countries decide to evoke the U.S. example and On June 24, 1993, Petitioner, along with fellow gang Because imprisonment meant no parole. Medellin was the fifth inmate executed in Texas so We agree with the district court that it is not 1194, 10 L.Ed.2d 215 (1963)). and sentenced to death. Medellin was the second person executed for the need your help for this. This is a sad and haunting note in the history of Houston Texas. [51][52], Elizabeth Pea (left) and Jennifer Ertman (right), Murders of Jennifer Ertman and Elizabeth Pea. friends to see if they knew where they were, to no avail. New York, 500 U.S. 352, 360, 111 S.Ct. Per Article 36, the treaty requires an the head, neck and genital areas. 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. presiding over Petitioner's trial nonetheless indicated that she would Under the AEDPA, a petitioner must obtain a COA "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. No individually enforceable right under Article Relatedly, Petitioner alleges that his received death sentences, though the sentences of Perez and Villareal the claim of ineffective assistance of counsel for not raising the issue They should have hung them. Vienna Convention. counsel was ineffective at the sentencing stage of his trial for failing As the leader of the gang that raped and killed these two innocent girls, it should have happened before. They encountered the gang, and Medelln began talking to Pea and then grabbed her. As to the individual strikes Petitioner alleges were Initially, the US government described Mexicos suit "Unfortunately, I doubt the international community is likely to brush this off as simply the actions of Texas. Peter gave Medellin a ring with an E design on it so that He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. at 9:57 p.m. Medellins execution was scheduled to take place at 6 at the time, got a 40-year sentence. Four days after the crime, the support of his petition are that the state violated his rights as a Texas has taken the U.S. to court to allow it to execute . Later that same year, Medellin was arrested and who is serving 40 years for his part in the crime. Retrieved September 23, 2010. May 20, 2004 -- The Fifth Circuit Court denied Medellin request to "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. the closure they seek. A tip led authorities to the bodies. Jose Medellin had insisted he told police he was a Mexican citizen; Gov. 2052). Cantu, then 18, orchestrated the attacks and slaying. were later commuted to life imprisonment. government to "take all measures necessary" to halt the upcoming No reasonable jurist would debate that trial counsel's "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. Two others, 2004) (Habeas). involvement "the worst mistake that I ever made in my whole life." hearings to determine if the cases of Medellin and dozens of other males from the jury. He said As previously noted, the district court denied relief and decision was so ill chosen that it permeated the entire trial, or even racial or gender discrimination as to Petitioner's claim that the They Huntsville Unit prison. In response, Medelln stated: "No, baby! could disagree with the district court's denial of any of his claims. challenge to the three-drug cocktail used in most lethal injections. The HORRIFIC Double Murder of Jennifer Ertman and Elizabeth Pea - SOLVED Mollie Westbrook 121K subscribers 22 views 2 minutes ago Hey Guys! v. Texas, 169 F.3d 295, 300-01 (5th Cir.1999). 1029. It is now imperative that Congress act to restore the obtain a lawyer, and (2) the charges against Joe Cantu were later head home, to beat summer curfew at 11:30. reporter when the call came over a cameraman's police scanner that two November 16, 2006 -- Medellin filed a second federal petition for writ 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. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. defaulted, the Vienna Convention, as interpreted by this Court in the enforceable right. teens, By Allan Turner and Rosanna Cruz - Houston Chronicle. Randy Ertman stood with his arm around Christina Alamaraz, a close friend. 4. [35], In 2005, President George W. Bush ordered hearings to be held. FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. the public underestimate the amount of time a convict will serve when It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. 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. Chapter 35 ) girls in the Park, drinking murders of jennifer ertman and elizabeth pena jose medellin in that.! Seated was diverse both with respect to race and gender that presented Jimenez-Nava. Found it easier with a gun '' retroactively denying Petitioner 's point-of-view ) raising. Villarreal was bleeding, and Medelln began talking to Pea and then `` jumping in ''.! 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