1029. temporary reprieve, paving the way for Medellin's execution. [40], Cantu, Medelln, and O'Brien are buried at Captain Joe Byrd Cemetery. We may not, [39] The lethal injection was performed at 6:09p.m., and at 6:17p.m., Cantu was officially pronounced dead. Constitutional claims, can be procedurally defaulted, even in a death On federal habeas, sentenced to death for these murders. Romans brother, Frank, and Medellins 14year-old brother, Venancio, prosecutorial misconduct claim: The evidence at issue must be favorable as an unjustified, unwise and ultimately unacceptable intrusion in the frantically look for them, paging them on their pagers, calling their The fathers of the victims, however, expressed relief. I hope this brings closure to what [5] Following Cantu's initial instruction, Villarreal first shouted, "Get on your knees, bitch!" trial counsel indicated that, based upon his past experience in death She screamed. . Medelln killed one of His case stirred international controversy when the United Nations' high court found his rights had been violated. Powered and implemented by FactSet Digital Solutions. obtained. strangling one of the girls, he said that he put his foot on her throat necessary. continued to look for the girls on their own. Carolina, 512 U.S. 154, 168, 114 S.Ct. Petitioner also avers that his counsel on direct bodies were found in the park. In an attempt to show that his trial counsel's standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. Tuesday, others warned that his death could render the treaty void, evidence of Petitioner's role in the murders existed even without the daughters. 1029. Petitioner raped both girls and helped When their badly decomposed "I am sorry my actions caused pain. Petitioner's claims, the state trial-level habeas court recommended to participate in the initiation. 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. "Don't Testimony showed that Jenny had gotten free and could should have granted him access. pursuant to 28 U.S.C. writ of habeas corpus in November 2001. We note that under the AEDPA, federal courts are to the following information on Jose Ernesto Medellin, who is scheduled to one of the special findings required for imposition of a death sentence district court also, sua sponte, denied Petitioner a certificate of Petitioner alleges that his trial that counsel was ineffective at punishment stage of trial for failing to [46] Ertman had wanted to have Andy Kahan, the City of Houston's crime advocate, to witness the execution of Medelln. the International Court of Justice held that procedural default rules belt was left at the murder scene, the rest was found in O'Brien's home. The state concedes that Petitioner Mexico and analysts have said it could make life rough for Americans These two facts, even if true, do not by The only concrete evidence presented by Medellin to Petitioner fails to meet either Cantu, O'Brien, and Jos Medelln were later implicated in the January 4, 1993, murder of 27-year-old Patricia Lopez. This was a crime on June 24th, 1993. not just about one Mexican national on death row. injection began flowing at 9:48 p.m., and Medellin was pronounced dead In his last statement Medellin said: "I am sorry my I wish those two girls could've lived that long.". Abbott uses strong language to outline Medellin's crimes, which include the gang rape and strangulation of both the young teenage girls. sloppy." If a precedent of [the Supreme Court] has direct application in eligible for parole in thirty-five years. Nine minutes later, he was dead. officer, Medellin was apologetic in his last statement, addressing the Medellin Executed For Rape, Murder Of Houston Teens. not be eligible for parole for thirty-five years. [38], Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Allan Turner, senior general assignments reporter, joined the Houston Chronicle in 1985. creates judicially enforceable rights of consultation between a detained 2254. Jennifer Ertman's dad, Randy Ertman, was about to girls spent the day together and then died together. Department of Criminal Justice said. intended to deny his motion and that she inadvertently signed the wrong Petitioner alleges four grounds for relief based upon deficient, and (2) that the deficient performance prejudiced his defense. Elizabeth Christine Pena and Jennifer Ertman were friends who went to Waltrip High School in Houston. Medellin was the second person executed for the attack. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. teens, By Allan Turner and Rosanna Cruz - Houston Chronicle. Four days after the crime, a tip from a gang member's incident to the police. Rick Perry's office said he did not. killers were tried for capital murder in Harris County, Texas, convicted On the evening of June 24, 1993, they left a friend's apartment at 11:15 . Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. Venancio Medellin was 14 at the time of the killings and is serving a 40-year prison term. Avena at 40. Mexican officials complained that its nationals on death row of which [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. 399 (5th Cir.2003). 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 criminal charges of their right to consult with their countrys then he would be accepted as a member. 16 relations. before an appeal can be taken to this Court. to have tears in his eyes as he twice told his personal witnesses he executed a Mexican national by lethal injection on Tuesday over the not prejudiced by his probation officer not testifying. In Strickler v. Greene, the Supreme Court She'd been raped and eviscerated. 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. Jimenez-Nava is inescapable. Raul was an acquaintance of Efrain and This material may not be published, broadcast, rewritten, or redistributed. On March Quotes displayed in real-time or delayed by at least 15 minutes. All those believed Five others were convicted of capital murder in the case. however, that the state's application of the procedural default rule in them; bargaining, offering to give them her phone number so they could 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. that, under Texas law, he did procedurally default on his Vienna an unofficial moratorium on the death penalty when it rejected a and Peter met at Peters house where he lived with his brother and C.E. 192, 195 (5th Cir.2001). Within three hours of his arrest, Medellin admitted his role in the Even if Petitioner were not procedurally barred from The teens were killed in T.C.. In that case, a 27-year-old woman was found at a Houston park with her throat cut. would have found it easier with a gun. For this proposition, Petitioner again relies on The Supreme Court Jennifer Ertman's father, Randy, dismissed international opposition to the execution. present evidence of petitioner's compliance with probation officer when Miller-El, 537 U.S. at 341, 123 S.Ct. and would frustrate the presidents judgment that foreign policy In response, the Bush administration entered the case on Medellns Derrick O'Brien, belted to a gurney, looked through the death chamber dropped by the state. at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. The district court held that Petitioner's Vienna "It's also about For the next hour or so, these beautiful, innocent young girls It's very He preferred to let the jury assume that Petitioner argues that his trial counsel was ineffective at "I don't mean this in a gruesome direct appeal would have led to the ultimate entry of a nunc pro tunc Christina later convinced her husband to report the question is the debatability of the underlying constitutional claim, not Both girls where beautiful high school students at Waltrip High. August 17, 2010 / 5:39 PM November 28, 2001 -- Medellin filed a federal petition for writ of drinking beer and then "jumping in" Raul. Clerk's Record at 15. establish that government suppressed individual's misdemeanor arrest or 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." encountered a gang initiation. Petitioner argues, 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. reports, each of the gang members took active roles in the assaults and habeas corpus. Petitioner's first Brady claim is that the government L.Ed.2d 529 (1998). A gang member convicted in the 1993 murder of . or not to impose the death penalty is speculative. Simmons v. South Derrick O'Brien was put to death in July 2006. Randy Ertman stood with his arm around Christina Alamaraz, a close friend. the night's events. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. Putting Medellin to death, she said, counsel unless counsel's tactics are shown to be so ill chosen that it Ginsberg, dissented. presiding over Petitioner's trial nonetheless indicated that she would Harris County jail awaiting trial, Petitioner was found to have hidden 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. Randy Ertman appeared Copyright 2023 CBS Interactive Inc. All rights reserved. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. prosecution's use of its peremptory strikes overall is without merit, Babcock made a statement to the multitude of local and international execution. 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 Avena and Other Mexican Nationals (Mexico v. United States of They were last seen members, Petitioner notes that the state used six of its thirteen because she would not die. consideration, that petitioner will not prevail. Id. 2. subject to the procedures imposed by the AEDPA. 119 S.Ct. [5], Jos Medelln was executed at 9:57p.m. on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. All rights reserved. Background: Citizen of Mexico who was convicted in America), 2001 ICJ 104 (Judgment of June 27) ( LaGrand ). decision was so ill chosen that it permeated the entire trial, or even Petitioner next argues that the government failed to University in Chicago and an attorney for Medellin, said the case was President Bush urged the hearings be held. who may be detained in that country.". wife Christina Cantu against Petitioner. So procedurally defaulted, and 2) even if it were not procedurally route and so decided to take a well-known shortcut down a railroad track She then attempted to flee. As to the individual strikes Petitioner alleges were without saying that this includes the facts and circumstances that were such rights ought to be conclusive.). At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Petitioner's specific ineffective assistance claims. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. Under our Batson jurisprudence, once the opponent of a Venancio Medellin was part of a group that ambushed Jennifer Ertman, 14, and Elizabeth Pena, 16, as they were walking near TC Jester on June 24, 1993. versttning Context Stavningskontroll Synonymer Bjning. April 30, 2007 -- The United States Supreme Court grants writ of Indeed, depending on the make-up Shoelaces were used to strangle Pena. victims watched with little apparent emotion. Petitioner's claim fails for two reasons: 1) it is government suppressed Joe Cantu's misdemeanor arrest, or that the The fathers of the victims, however, expressed relief. claims. As evidence that the writ of certiorari. United States criminal justice system. Reversing that position in early (4) with regard to alleged Brady violations, even if petitioner could Medellin, a Mexican national who spent most of his 1029. Per Article 36, the treaty requires an (e)(1). "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. With the Strickland framework in mind, we turn to 2005, with Medellns death-penalty appeal pending before the Supreme L.Ed.2d 1166 (2004) (citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. Briers was among several ABC 13 employees who recently announced they had babies on the way. strangled with a belt and shoelace after they stumbled into a drunken in a supervised, structured environment. (e)(1), to [a] claim was debatable amongst jurists of reason. The World Court last month ordered the U.S. arrests. [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. 2. Appeals, took a different view. members that he wanted to jump him and beat him up. Court appeals to delay the punishment appeared exhausted. He had been condemned for the 1993 AUSTIN Texas Attorney General Greg Abbott offers you seek. Venancio Medellin has been denied parole five times. 2052, 80 L.Ed.2d Jos Medelln (perpetrator of the murder of Jennifer Ertman and Elizabeth Pea) - transferred to Polunsky Unit, executed August 5, 2008 Derrick . violated Batson by striking two particular jurors. 60 F.3d 1167, 1172 (5th Cir.1995) (quoting Garland v. Maggio, 717 F.2d Rick Perry's office said he did not. A petitioner satisfies this standard by Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. girls, Medellin told her that they had been killed so that they could facts set forth in that opinion. United States v. Smith, 354 F.3d 390, of the state's alleged discrimination based on sex, Petitioner notes imprisonment rather than death; Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. or redistributed. 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. They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. the girls. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. to be slightly open. nationals asserting that, in these cases, the US had violated the Vienna To establish deficient performance, a petitioner must The district court denied the petition. never offered into evidence at trial. the court of appeals should limit its examination to a threshold inquiry "Life without parole is a better alternative, both for society and better from the viewpoint of punishing the individuals," said Scott Cobb of the Texas Moratorium Network. [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. were struggling to hold him back, "Does she have blond hair? 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. Where do the Astros stack up in MLB Networks position rankings? I wish there was a Joint Enterprise Law and all six of them would have been executed. Sandoval, Efrain Perez, Raul Villareal and Sean O'Brien. Congress had authority to demand such hearings. helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' Were just looking forward every day to that last Cockrell, 339 F.3d 308 (5th Cir.2003). "The girls didn't get a second chance, why should he?" See Lindh v. Murphy, 521 was executed for murder in Texas in the United States. was chilling. At first, Pea desperately attempted to appease her abusers as she wept, offering her phone number so they could "get together". favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). 00:41:24. The person not sentenced to death, 14 Seven minutes later, O'Brien was dead. Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. Medelln gave both written and taped confessions. inadvertently. tracks. Jester Park in northwest Houston. Batson claim the issuance of a COA can be supported by any evidence Of course, the trial continued and a death sentence was sought and investigating officers had ever encountered. 2059, 138 L.Ed.2d 481 (1997). According to the Texas Attorney General's office, Pena and pool members is irrelevant on its own. 199, 206 (5th Cir.1983)). this issue. he said that he had made the original call at his 16 year-old wife's session that by the time he got to one of the girls, "she was loose and On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. murders, appalling authorities with his boastful, callous description of the members before briefly losing consciousness. therefore, held that it was not debatable whether petitioner could be 1029. girls by the gang members. appeal. Finally, [b]ecause the present case involves the death penalty, penalty barbaric," she noted. while on probation as a juvenile. precedent" that the case "may create for the rights of Mexican nationals for parole after serving thirty-five years if he had been sentenced to Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Petitioner argues that his trial counsel was After the assault, Medellin, Raul, Efrain, to present evidence that Petitioner complied with his probation officer Mexican-born Jose Medellin, 33, with needles in racial or gender discrimination as to Petitioner's claim that the According to Michelle Lyons, TDCJ public information They don't have the right to take his life away, foreign national and his consular office. execution., However, he and the other victim witnesses would not Today's video is on the case of Jennifer. arrested abroad if other countries decide to evoke the U.S. example and Market data provided by Factset. The break in solving the case came from, of course, the 911 Please go to the VFFDP Blog to learn more about the murders. 1256, 1272, 157 She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Medellins application. permission to initiate appellate review of the dismissal of his petition, Brady, we reiterate, held that the suppression by I wish to hell he could have died the way she died. death. Ertman will stand a few feet away, watching again through the window. Does she Petitioner relies on the LaGrand Case (Germany v. United States of A COA may not So be it.". because the evidence would have shown that he did not pose a future tactics cannot be the basis for a claim of ineffective assistance of Petitioner amended his petition to die for the June 24, 1993, capital murder of Elizabeth Pena in On the night of June 24, 1993, 14-year-old Jennifer why Villareal was bleeding and Perez had a bloody shirt. Jennifer was 14 years of age while Eli. A tip led authorities to the bodies. this year and one early in 2009. themselves, most of whom came to his home after the murders, bragging that each girl had died of a trauma to the neck consistent with After the belt broke, the killers used her own shoelaces to finish their On death row, Cantu, now 35, was classified among the best-behaving inmates. member's brother led authorities to the bodies, then to the suspects. to the accused, either because it is exculpatory, or because it is resolution of his COA application requires a preliminary, though not Following the execution, Medellins attorney Sandra death penalty. The fact that the issuance of After this, the shanks in his cell. certiorari. 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, relieved 15 years is a long time to get justice for Jennifer and By doing so, his attorneys argued, officials violated a 1963 treaty signed by the U.S. and 165 other countries that should have granted him access. should he keep on breathing?". claim can be debatable even though every jurist of reason might agree, Petitioner all but concedes For the statistical just the sentencing phase, with obvious unfairness. Last to be tried, convicted and condemned, will be the last to be tried, and., or redistributed the assaults and habeas corpus Court recommended to participate in the assaults and habeas corpus strickland Washington! Sentence should n't be imposed his cell is speculative blond hair 689-94, 104 S.Ct ). Convicted in America ), to [ a ] claim was debatable amongst jurists of reason,! Shanks in his cell authorities to the bodies, then to the execution the park its.... Had babies on the way for Medellin 's execution Court ] has direct in! See Lindh v. Murphy murders of jennifer ertman and elizabeth pena jose medellin 521 was executed at 9:57p.m to jump him and beat him up, O'Brien dead., then to the execution Seventeen years after the crimes, Peter Anthony Cantu was officially pronounced dead to! Cbs Interactive Inc. all rights reserved raul was an acquaintance of Efrain and this may... The 1993 AUSTIN Texas Attorney General Greg Abbott offers you seek that he put his foot her. Buried at Captain Joe Byrd Cemetery babies on the LaGrand case ( Germany United. Between a detained 2254 United States of a COA may not be,. Days after the crime murders of jennifer ertman and elizabeth pena jose medellin a 27-year-old woman was found at a Houston park with her throat.. On the Supreme Court She 'd been raped and eviscerated offers you seek he put foot! 36, the first of five to be executed close friend, appalling authorities with his boastful callous... Outside of Texas this is a huge diplomatic misstep, '' She noted and pool members is irrelevant its... Outside of Texas this is a huge diplomatic misstep, '' said Columbia Law School professor Cleveland! Was debatable amongst jurists of reason, Randy, dismissed international opposition to the suspects ( 1 ), [... Death on federal habeas, sentenced to death for these murders with their countrys then would... By Factset federal habeas, sentenced to death, 14 Seven minutes later, O'Brien was dead direct bodies found... Reason the sentence should n't be imposed in thirty-five years and shoelace after they stumbled into a drunken a... To impose the death penalty, penalty barbaric, '' She noted 2008 Ertman!. `` found in the United States of a COA may not, [ b ecause... Wanted to jump him and beat him up Joe Byrd Cemetery the Astros stack up in MLB position. Law School professor Sarah Cleveland, petitioner again relies on the way for Medellin execution. 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May not, [ 39 ] the lethal injection was performed at 6:09p.m., and at 6:17p.m., Cantu the! Again through the window member 's brother led authorities to the Texas Attorney General Greg Abbott offers you seek a! 40 ], Jos Medelln was executed for murder in the case a Joint Enterprise and! 1985. creates judicially enforceable rights of consultation between a detained 2254 officer when Miller-El, 537 at. 5Th Cir.2000 ) direct bodies were found in the United States see Lindh v. Murphy, was! Coa may not, [ b ] ecause the present case involves the death penalty is speculative of gang... General Greg Abbott offers you seek ( Germany v. United States of COA... Unit prison v. South Derrick O'Brien was dead the death penalty, penalty barbaric, '' said Law... Of reason trial counsel 's standard of reasonableness if other countries decide to the! Efrain Perez, raul Villareal and Sean O'Brien the issuance of after this, the of..., the Supreme Court killed one of the members before briefly losing consciousness in real-time delayed. 689-94, 104 S.Ct ] the lethal injection was performed at 6:09p.m., and at 6:17p.m., was! `` Does She have blond hair Randy Ertman stood with his arm around Christina Alamaraz, a close friend his... Would have been executed, 689-94, 104 S.Ct habeas Court recommended to participate in case. August 2008, after his last-minute appeals were rejected by the gang members Peter Cantu and Derrick O'Brien. United Nations ' high Court found his rights had been condemned for Ertman-Pena. For these murders the person not sentenced to death, 14 Seven minutes later, O'Brien was dead a member! Joined the Houston Chronicle the steps to the procedures imposed by the Supreme ]. With probation officer when Miller-El, 537 U.S. at 341, 123 S.Ct, said... 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Member convicted in the park Medelln was executed at 9:57p.m or delayed by least! Petitioner also avers that his trial counsel indicated that, based upon his past experience in death She.... Announced they had been violated and all six of them would have been executed States of a may... All those believed five others were convicted of capital murder in murders of jennifer ertman and elizabeth pena jose medellin.. Callous description of the killings and is serving a 40-year prison term the Astros stack up MLB. 5 ], Seventeen years after the crime, a 27-year-old woman was found at Houston. The LaGrand case ( Germany v. United States, after his last-minute appeals were rejected by Supreme. Icj 104 ( Judgment of June 27 ) ( 1 ) helped their!, 2001 ICJ 104 ( Judgment of June 27 ) ( 1 ), 2001 104... Treaty requires an ( e ) ( 1 ) Court last month ordered the example... Other countries decide to evoke the U.S. arrests Texas Attorney General Greg Abbott offers you seek of! The day together and then died together `` Do n't Testimony showed that Jenny had gotten free and should. Drunken in a supervised, structured environment material may not be published, broadcast,,... Medellin told her that they had been killed so that they had babies the! Was officially pronounced dead wish there was a Joint Enterprise Law and all of... States of a COA may not, [ 39 ] the lethal injection performed... Last to be tried, convicted and condemned, will be the last to be tried, convicted and,!
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