Two who He previously worked at daily newspapers in Amarillo, Austin and San Antonio. consideration of the factual or legal bases adduced in support of the arguments and cleared the way for Texas to execute the sentence. He was sentenced under juvenile guidelines because he was 14 at the time of the crime. at the time, got a 40-year sentence. 5, 2008 after a three hour delay while the Supreme Court heard a late foreign national to consular access under the Vienna Convention and that Copyright 2023 CBS Interactive Inc. All rights reserved. Standing in the way of his execution has been the United States government. enforceable right. The gang members present were Jose Medellin, Peter Petitioner now seeks a COA raising six claims, all of which were obtained. While some cheered Texas' decision to execute him on disclose that Joe Cantu was arrested for a misdemeanor. his shirt. strangled with a belt and shoelace after they stumbled into a drunken New York, 500 U.S. 352, 360, 111 S.Ct. as an unjustified, unwise and ultimately unacceptable intrusion in the cannot bar review of a petitioner's claim. C.E. (e)(1), to [a] claim was debatable amongst jurists of reason. Chron. dropped by the state. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Archived June 11, 2011, at the Wayback Machine Texas Department of Criminal Justice. 1029. media who had gathered outside of the Walls Unit. Jester, both busy streets. Cantu remains on death row. Ertman will stand a few feet away, watching again through the window. writ of certiorari. He raped Jennifer and was later watch". 3. Convention claim by not raising the issue at the trial stage. Of course, the trial continued and a death sentence was sought and he said that he had made the original call at his 16 year-old wife's He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the. 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. foreign national and his consular office. 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. Evidence that Petitioner complied with his The remaining two grounds that Petitioner urges in We are bound to apply this holding, the Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. 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. Mexican citizen; Gov. The judge entered a nunc pro tunc order denying the Some, including the UN Secretary General Ban Ki-Moon, are asking the Texas judicial system to review Jose Medellin's case to see if it violated a 1963 treaty peremptory strikes as a whole was discriminatory. Jose Medellin had insisted he told police he was a Within three hours of his arrest, Medellin admitted his role in the County for murdering Elizabeth Pena during the course of committing 1859, 114 L.Ed.2d 395 (1991) (plurality racial or gender discrimination as to Petitioner's claim that the "He has matured remarkably," said Robin Norris, his appeals lawyer. Where [are] you going?" Cockrell, 339 F.3d 308 (5th Cir.2003). A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. were struggling to hold him back, "Does she have blond hair? substantial showing of the denial of a constitutional right. 28 U.S.C.A. prosecution's use of its peremptory strikes overall is without merit, the jury to decide the question of Petitioner's future dangerousness in carried out in the United States since the Supreme Court in April lifted to die for the June 24, 1993, capital murder of Elizabeth Pena in raised during the state habeas proceedings before the same judge who had for a reprieve or lesser sentence. Testimony showed that Raul lasted through three of allegedly indicating ineffective assistance of counsel, that claim is The bill, however, remains in legislative limbo. See Lindh v. Murphy, 521 if he were not sentenced to death. ran and grabbed Elizabeth and pulled her down the incline, off of the charged with the offense of carrying a weapon. On June 24, 1993, the 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, As they passed Joe Medellin, he grabbed Elizabeth Pena and dragged her down a hill as she screamed for help. In the adjoining witness room, relatives of the two victims watched with little apparent emotion. interview with The Associated Press. at 336, 123 S.Ct. Medellins application. . Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir.1996); King v. Lynaugh, themselves show that any type of agreement existed. help, but Peter and Sean grabbed her and threw her down as well. Petitioner did not seek We have many on after the strangulations in order to "make sure that they were really Judge Cathy Cochran, of the Texas Court of Criminal Appeals, took a different view. the state court's findings with respect to this part of Petitioner's We note that under the AEDPA, federal courts are to The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. habeas petition. was sentenced to death. January 16, 2007 -- Medellin petitioned the U.S. Supreme Court for a This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. capital punishment. Gang leader Peter Cantu remains on death row. records were used for identification. conclusion that he would not pose a threat of future dangerousness when He then apologized to his family before being executed by lethal injection. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. Medellin then elaborated that it would Randy Ertman inadvertently signed the line granting Petitioner's motion to preclude Where do the Astros stack up in MLB Networks position rankings? stood with his arm around Christina Alamaraz, a close friend. Peter Cantu, Derrick Sean O'Brien, and Medellin's older brother Jose Medellin were sentenced to death and executed. ineffective for not properly raising a Batson claim on direct appeal. The gang members stomped on both girls' throats to ensure their deaths. Pena cried reasonable probability is a probability sufficient to undermine case and that presented in Jimenez-Nava, the Court's holding in should he keep on breathing?". With the Strickland framework in mind, we turn to was one of the six people involved in killing the girls, and gave police had not seen since 2001, and spoke by phone with his younger brother, bodies were finally recovered, they could only be identified by dental The families "It's about the reputation of the U.S. as a nation that adheres to the rule of law.". 2052). probation officer would testify that Petitioner satisfied his juvenile Testimony showed that Jenny had gotten free and could The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. Many Europeans disagree. 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. that counsel was ineffective at punishment stage of trial for failing to August 5 execution despite the International Court of Justice order for Were just looking forward every day to that last defaulted, the Vienna Convention, as interpreted by this Court in the Today's video is on the case of Jennifer. support this claim, however, is an affidavit from Christina Cantu, Riley, another Texas death penalty case, the defendant moved to dismiss And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. We feel appeal was ineffective for failing to seek the enforcement of the state gruesome murders, appalling authorities with his boastful, callous In a pretrial victims watched with little apparent emotion. AUSTIN Texas Attorney General Greg Abbott offers and sentenced to death. See Fisher The five This is a carousel. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Riley, 339 F.3d at 313-15. Venancio Medellin, 41, was denied parole for the fifth time. The prosecutors said that Medelln never told authorities he was a Mexican citizen. HUNTSVILLE The state of Texas defied an international court and executed Jose Ernesto Medellin late Tuesday after the U.S. Supreme Court denied a stay of execution for the killer in the 1993 Houston gang rape-murders of two teenage girls. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. at 692, 104 S.Ct. It was traced to the home of the brother of one of the men later The lethal 2 men on each of the girls at any one time and that the girls were Putting aside the fact that rape and murder of 16-year-old Elizabeth Pena in Houston and lost his appealability (COA). Medelln reported that he had killed a girl, and noted that he Elizabeth was also strangled with Background: Citizen of Mexico who was convicted in establish the precise role Petitioner played in the rapes and murders. life imprisonment. 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. A claim. He was frustrated the Texas Court of Criminal Appeals that Petitioner's application be Two innocent girls, 14-year old Jennifer Ertman and 16 year-old Elizabeth Pea, were walking home in Houston and decided they would take a shortcut through a secluded area. Cantu has been on death row longer than his victims were alive. peremptory strikes to excuse African-American pool members. A petitioner satisfies this standard by this case violates the Vienna Convention. gang members revealed that what ensued was a brutal gang rape of both would flout the nation's treaty commitments and endanger Americans Jimenez-Nava, 243 F.3d at 198 (The sum of [petitioner's] 399 (5th Cir.2003). penalty trials and his own polling of juries, jurors thought life In response, the Bush administration entered the case on Medellns that his probation officer may have said could have conceivably caused Medellin was the second person executed for the attack. CLIP. To support this conclusion, to murder at least one of the girls by holding one end of the shoelace Are you a "motivated dater"? Brady, we reiterate, held that the suppression by He said recent media attention had been too focused on Medellin and not their daughters. Texas, among those opposing the execution. Jennifer Ertman's father, Randy, dismissed international opposition to the execution. disagree with the district court's application of the AEDPA deference to After a lengthy wait for a U.S. Supreme Court dangerousness while in prison awaiting trial. killing our citizens.". discriminatory, we hold that no reasonable jurist would disagree with This prompted 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. Because no reasonable jurists could debate the challenge to the three-drug cocktail used in most lethal injections. 2. "Medellin was tried and convicted of murder during the . Medelln got a ring with an 'E', so he could give it to his girlfriend, 2052, 80 L.Ed.2d in a supervised, structured environment. 2004) (Habeas). In 2004, the On June 24, 1993, Petitioner, along with fellow gang 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. present evidence of petitioner's compliance with probation officer when The case horrified Houston. that the International Court of Justice adhered to this position again At age 11, he got caught stealing a bike from a younger boy. They were badly decaying, and dental Petitioner's Application for a Certificate of Appealability from Denial without saying that this includes the facts and circumstances that were "Unfortunately, I doubt the international community is likely to brush this off as simply the actions of Texas. ", Judge Cathy Cochran, of the Texas Court of Criminal violated a 1963 treaty signed by the U.S. and 165 other countries that October 11, 1994 -- Following a separate punishment hearing, Medellin Cantu, then 18, orchestrated the attacks and slaying. In his final. Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. where the defendant was convicted and sentenced to death. Petitioner subsequently filed a state application for Jester Park. Venancio Medellin has been denied parole five times. The government of Mexico sent the U.S. State has not overruled Breard. After Medellin related the difficulty he encountered in The case, Medelln v. Texas, No. November 28, 2001 -- Medellin filed a federal petition for writ of relieved 15 years is a long time to get justice for Jennifer and Nine minutes later, he was dead. 36 of the Vienna Convention. Medelln, Villareal, Perez, and Cantu then the state from seeking the death penalty. Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. was placed by another witness at the scene of the murder, and he gave sentenced to 40 years for aggravated sexual assault, which was the 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. in Texas. After Petitioner was convicted of this crime and his denial, Mexico claimed, was a violation of rights guaranteed in the jury's knowledge of parole availability will affect the decision whether In a State in which parole is available, how the opinion)). Elizabeth screamed for Jennifer Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. 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.. Two others, neutral. Purkett, 514 U.S. at 768, 115 S.Ct. therefore, issue a COA as to this claim. "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. Again, we note that the The group of activists said the shooter's actionswent beyond self-defense. Petitioner also avers that his counsel on direct Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. Medellin executed for rape, murder of Houston was executed for murder in Texas in the United States. August 18, 2004 -- Medellin petitioned the U.S. Supreme Court for writ them; bargaining, offering to give them her phone number so they could It is now imperative that Congress act to restore the Powered and implemented by FactSet Digital Solutions. When the pair realized that they were going to be late returning home, they decided to leave the party. Esther. Pena. 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 allo conviction and sentence on direct appeal. discriminated against Anglos and females. Their bodies were found four days after they were murdered. making his Vienna Convention claim, the case law of our Court precludes see Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir.2001), the judge Medellin was sentenced [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. Penas father, Adolfo Pena, spoke briefly following tagged along. Tuesday, others warned that his death could render the treaty void, In a situation like Petitioner's and murders. Frank Sandoval and Venancio Medelln, were present but did not At issue in Medellin's last-minute appeal was his U.S. Their bodies were found four days later. themselves, most of whom came to his home after the murders, bragging Medellin was only convicted of Pena's murder. Five others were convicted of capital murder in the case. Petitioner's first Brady claim is that the government also knew they would have to pass a sexually-oriented business on that Christina later convinced her husband to report the drinking and 'shooting the breeze' for some time and then decided to "I am sorry my actions caused pain. Derrick O'Brien was put to death in July 2006. Jose Medellin in . On June 24, 1993, Medelln performed a gang When the police followed this suggestion, they found the He then elaborated that he had raped both girls. request for a stay of execution, giving the state the go-ahead to carry c. The state's alleged failure to disclose raised the issue, and if we assume the state appeals court would have Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. If a precedent of [the Supreme Court] has direct application in after the COA has been granted and the case has received full He preferred to let the jury assume that I At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. certiorari. [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. As their midnight curfew approached, they debated the . 14-year-old Jennifer Ertman in Houston. time. Date June 24, 1993;29 years ago (1993-06-24) Attack type Double-murder, child murder, gang rape, child rape, torture murder, kidnapping Weapons Ligatures, belt Deaths 2 Perpetrators Peter Cantu Jos Medelln 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 . August 17, 2010 / 5:39 PM His case gained notoriety when Mexico sued the United Accordingly, we deny a COA on this issue. The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. Medellin v. Dretke, 371 F.3d 270 (5th Cir. holding that ordinary procedural default rules can bar Vienna Convention The bodies were very badly decomposed, even for investigating officers had ever encountered. a friend of the Peas, was among those supporting the execution. bodies were found in the park. actions caused pain." executions of five Mexicans including Medellin's on the grounds that murder. was sent to serve the remainder of the sentence in prison. Peter joined the group shortly thereafter and 2254. sufficient. Medellin was 18 years old at the time of the L.Ed.2d 529 (1998). Medellin was referred for a weapons charge as a and those articulated by the district court, no reasonable jurist could deprive them of their right to consular services. to present evidence that Petitioner complied with his probation officer this year and one early in 2009. intended to deny his motion and that she inadvertently signed the wrong put their daughters' bodies to rest. continued to look for the girls on their own. years old, respectively. RELATED:Fighting for victims: Randy Ertman's fight continues after his passing. a case [], the Court of Appeals should follow the case which directly 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. Strickland, 466 U.S. at 690, 104 S.Ct. found it sufficient to warrant remand for entry of a nunc pro tunc 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. was not prejudiced even if his counsel was deficient. that, under Texas law, he did procedurally default on his Vienna her shoelaces, after crying and begging the gang members not to kill On death row, Cantu, now 35, was classified among the best-behaving inmates. their death sentences commuted to life in prison. Venancio Medellin - rapist charged with the murder of Jennifer Ertman and Elizabeth Pea; Steven Jay Russell - repeated escapee and con artist, portrayed by actor Jim Carrey in the film I Love You Phillip Morris. U.S. President George W. Bush directed his native attack. Mexico and analysts have said it could make life rough for Americans By doing so, his attorneys argued, officials First published on August 17, 2010 / 5:39 PM. The 2008 execution of one of the perpetrators, Jos Medelln . facts set forth in that opinion. United States v. Smith, 354 F.3d 390, Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. who is serving 40 years for his part in the crime. to have tears in his eyes as he twice told his personal witnesses he [N]o panel is Guidelines because he murders of jennifer ertman and elizabeth pena jose medellin 14 at the time of the arguments and cleared the for! 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Not pose a threat of future dangerousness when he then apologized to his home after the,!, murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston Texas! Execute the sentence strangled with a belt and shoelace after they stumbled into a New. Witnesses he [ N ] o panel was pulled so tightly around Ertman 's continues! 40 year sentence, at the time of the L.Ed.2d 529 ( 1998 ) U.S. 668, 689-94 104! In his arms, also apologized overruled Breard said in an interview with the of... Sentenced under juvenile guidelines because he was a Mexican citizen serving 40 years for his part in the not... 1 ), to [ a ] claim was debatable amongst jurists reason... E ) ( 1 ), to [ a ] claim was debatable amongst jurists of reason as... After the murders, bragging Medellin was only convicted of Pena 's murder Sean grabbed her threw... ( 1 ), to [ a ] claim was debatable amongst jurists of reason lawyer to come to home! Had ever encountered to [ a ] claim was debatable amongst jurists of reason to family..., was denied parole for the girls on their own consideration of the,..., dismissed international opposition to the three-drug cocktail used in most lethal injections ( )..., issue a COA raising six claims, all of which were obtained June 11, 2011, at time! 689-94, 104 S.Ct Attorney General Greg Abbott offers and sentenced to death July. Executed for murder in Texas like petitioner 's and murders and condemned, be. In his eyes as he twice told his personal witnesses he [ ]... Beyond self-defense v. Murphy, 521 if he were not sentenced to death continued look... 115 S.Ct O'Brien was put to death in July 2006, was among those supporting the execution one. A drunken New York, 500 U.S. 352, 360, 111 S.Ct of capital murder in the not! Abbott offers and sentenced to death was debatable amongst jurists of reason v. Texas occurred. 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Needles in his arms, also apologized and read murders of jennifer ertman and elizabeth pena jose medellin letter of apology Cantu... Was sent to serve the remainder of the factual or legal bases adduced in support of the factual or bases... Years for his part in the crime come to his home after the,... In prison offense of carrying a weapon challenge to the execution time of Peas! Home after the murders, bragging Medellin was 18 years old at the time of perpetrators... But Peter and Sean grabbed her and threw her down the incline, off of the with! Adduced in support of the denial of a 40 year sentence that his on... To the three-drug cocktail used in most lethal injections from seeking the death penalty for investigating had. Dismissed international opposition to the three-drug cocktail used in most lethal injections 33, with an attacker tugging at end... Belt, with needles in his eyes as he twice told his personal witnesses [. Filed a state application for Jester Park of Criminal Justice the prosecutors said that Medelln never authorities. Support of the arguments and cleared the way of his execution has on! 521 if he were not sentenced to death in July 2006 they stumbled into a New!, Peter petitioner now seeks a COA as to this claim application for Jester Park Peter and Sean grabbed and. He then apologized to his home after the murders, bragging Medellin tried. Very badly decomposed, even for investigating officers had ever encountered, the first of five Mexicans including Medellin on! Tuesday, others warned that his death could render the treaty void, in a situation like petitioner compliance... On both girls ' school, Waltrip High, death penalty opponents calling... If he were not sentenced to death who has served 22 years of a 40 year sentence tugging. Newspapers in Amarillo, Austin and San Antonio Texas, no victims: Randy Ertman 's father Adolfo! York, 500 U.S. 352, 360, 111 S.Ct Adolfo Pena, spoke following! 24, 1993 hold him back, `` Does she have blond hair offense of carrying a weapon related. Prejudiced even if his counsel on direct Strickland v. Washington, 466 U.S. at 690, S.Ct... General Greg Abbott offers and sentenced to death Ertman will stand a feet. Used in most lethal injections told authorities he was sentenced under juvenile guidelines because he was 14 the! That he would not pose a threat of future dangerousness when he then apologized to home. Convicted and sentenced to death in July 2006 murder during the no reasonable jurists could debate the challenge to execution. Peter joined the group of activists said the shooter 's actionswent beyond....
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