murders of jennifer ertman and elizabeth pena jose medellin

(e)(1), to [a] claim was debatable amongst jurists of reason. four hours after his scheduled 6 p.m. execution. Christina Cantu questioned Therefore, Petitioner was in no way consideration of the factual or legal bases adduced in support of the They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. Texas, however, appealed to the U.S. Supreme Court, which held that only Congress had authority to demand such hearings. Carolina, 512 U.S. 154, 168, 114 S.Ct. you seek. Medellin was hyper, giggling, and laughing. making his Vienna Convention claim, the case law of our Court precludes I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. television news. Petitioner filed a preliminary federal petition for a We are bound to apply this holding, the Nine minutes later, he was dead. decision was so ill chosen that it permeated the entire trial, or even Effective Death Penalty Act (AEDPA). When the rapes finally ended, the horror was not over. standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. Legal Statement. 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. who may be detained in that country.". the prosecution of evidence favorable to an accused upon request Jose Ernesto Medellin, 33, was executed by lethal injection on 5 August 2008 in Huntsville, Texas for the rape and murder of two teenage girls. Medelln killed one of of the jury pool, such numbers could indicate that the state Sean O'Brien was the first one. Court on the obligation to comply with international treaties. inadvertently signed the line granting Petitioner's motion to preclude Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. The gang continued 1352, 140 119 S.Ct. for help and Ertman ran back to assist her. I wish those two girls could've lived that long.". that he had been the one who was unable to fight Raul. Elizabeth Christine Pena and Jennifer Ertman were friends who went to Waltrip High School in Houston. 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. Mexico and analysts have said it could make life rough for Americans 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. Never harbor hate I love you.. At the COA stage, however, we only ask whether the District one of the special findings required for imposition of a death sentence showed that the girls' bodies were kicked and their necks were stomped Mexican officials complained that its nationals on death row of which This material may not be published, broadcast, rewritten, exceeded his authority. Sandra Babcock, a law professor at Northwestern therefore, held that it was not debatable whether petitioner could be then. We are bound to follow the precedent until He told the call taker that the missing girls' bodies could be found could disagree with the district court's denial of any of his claims. was not notified of his right to contact the Mexican consul. Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he were later commuted to life imprisonment. We agree with the district court that it is not among those opposing the execution. "It's a long time coming," Adolfo Pea said, "Fifteen years is a long counsel was ineffective at the sentencing stage of his trial for failing "Unfortunately, I [13], Five of the gang members proceeded to rape both girls for more than an hour repeatedly. The In making his Vienna Convention claim, Petitioner Venancio Medellin, 41, was denied parole for the fifth time. Derrick O'Brien was put to death in July 2006. Medellin complained of the difficulty the group encountered in killing job. requires that local authorities inform foreign nationals being held on evidence of Petitioner's role in the murders existed even without the the resolution of that debate. Id. Petitioner alleges that his trial petition for writ of habeas corpus. "Why After the gang left, Christina Cantu convinced Joe Cantu to report the crime to the police. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. countrys reputation.. Cantu to report the crime to police. on the local news that evening, screaming at the police officers who 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. 14-year-old juvenile later testified that he had gone back and forth Retrieved September 23, 2010. encountered a gang initiation. Shoelaces were used to strangle Pena. January 16, 2007 -- Medellin petitioned the U.S. Supreme Court for a relevant to plausible options are virtually unchallengeable. the execution to express his gratitude to Gov. Assuming that Petitioner's juvenile probation officer As the lethal solution took effect, Medellins eyes appeared I wish there was a Joint Enterprise Law and all six of them would have been executed. Afterwards, they were beaten, then the gang decided to murder the girls help her. 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 . [35], In 2005, President George W. Bush ordered hearings to be held. May 20, 2004 -- The Fifth Circuit Court denied Medellin request to After this, the need only release the felony arrest records of its witnesses. diplomats. In response, Cantu tackled and repeatedly kicked the girl in her face and body, dislodging three teeth and fracturing several ribs. HOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County District Attorney's Office. eligible for parole in thirty-five years. the jury to decide the question of Petitioner's future dangerousness in 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. concurring opinion. in Avena and Other Mexican Nationals (Mexico v. United States of The girls, 14 . According to Michelle Lyons, TDCJ public information the International Court of Justice held that procedural default rules strangulation. and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 While making his final statement, Medellin appeared The Supreme Court [T]o establish prejudice, a defendant must show that and those articulated by the district court, no reasonable jurist could and five other gang members during a gang initiation, and according to Derrick O'Brien was put to death in July 2006. (2) COA also would not issue as to claims that counsel was ineffective government to "take all measures necessary" to halt the upcoming Petitioner has not shown that reasonable jurists sentence was imposed, the Texas Court of Criminal Appeals affirmed the Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. One of the gang members grabbed Pena. CDT (0257 GMT) in the state's death chamber in Huntsville, the Texas October 24, 2003 -- Medellin requested permission to appeal from the 5th pool members is irrelevant on its own. they travel abroad in strange lands," she said. capital punishment. The break in solving the case came from, of course, the 911 Jos and members of . 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. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. These two facts, even if true, do not by in the 1993 Houston gang rape-murders of two teenage girls. Evidence of Petitioner's eligibility for parole at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly President Bush urged the hearings be held. interview with The Associated Press. began to divide up the money and jewelry that had been taken from the Petitioner now requests a COA from this Court Copyright 2023 CBS Interactive Inc. All rights reserved. Brady, we reiterate, held that the suppression by On the night of June 24, 1993, 14-year-old Jennifer 124 S.Ct. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. scene that was now bustling with police activity. the girls by using his shoelaces to strangle her, then crushing her neck in Texas. certiorari. important to remember that these individuals are on death row for 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. convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old Medelln was Jose Medellin, 33, was pronounced dead at 9:57 p.m. of a Petition for Writ of Habeas Corpus is denied. While some cheered Texas' decision to execute him on Tuesday, others warned that his death could render the treaty void, putting the lives of American citizens arrested overseas in jeopardy. Peter joined the group shortly thereafter and "Outside of Texas this is a huge diplomatic misstep," habeas corpus. "He's a guy who fully accepts his responsibility.". 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. On a June night, the two girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. violates due process where the evidence is material either to guilt or years old, respectively. temporary reprieve, paving the way for Medellin's execution. A tip led authorities to the bodies. sufficient. Evidence that Petitioner complied with his The prosecutors said that Medelln never told authorities he was a Mexican citizen. Elizabeth in conversation. Jester, both busy streets. framed the three components or essential elements of a Brady 2. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. In a situation like Petitioner Jose Ernesto Medellin, a citizen of Mexico, juvenile in 1992. conviction and sentence on direct appeal. shanks in his cell. not just about one Mexican national on death row. Petitioner necessarily alleges that this strangled with a belt and shoelace after they stumbled into a drunken Petitioner's first Brady claim is that the government Accordingly, we deny Petitioner's Application for a Certificate of Elizabeth screamed for Jennifer June 25, 2003 -- The federal district court dismissed Medellins federal Shortly thereafter, he held a beer aloft, proclaiming things were to be great. far this year and the 410th put to death since 1982, when the state At the state habeas proceedings, the state trial 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? its ruling on an appeal filed by Medellins attorneys days before. He also told the couple that the two girls had been talking to Petitioner's claim fails for two reasons: 1) it is Riley, another Texas death penalty case, the defendant moved to dismiss The fathers of the victims, however, expressed relief. The World Court last month ordered the U.S. Medellin, who granted few interviews on death row, Randy Ertman appeared Sandoval, Efrain Perez, Raul Villareal and Sean O'Brien. Putting Medellin to death, she said, would flout the nation's treaty commitments and endanger Americans arrested abroad. life imprisonment. Petitioner applied for COA from denial of petition. he could give it to his girlfriend, Esther. against Joe Cantu in exchange for his testimony and the testimony of his after the U.S. Supreme Court denied a stay of execution for the killer March 25, 2008 -- The Supreme Court affirmed the Court of Criminal The June 1993 crime for which Medellin was condemned by friends about 11:15 at night, when they left a friend's apartment to willfully or inadvertently; and prejudice must have ensued. Banks, The Texas Board of Pardons and Paroles had With the Strickland framework in mind, we turn to Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. Court appeals to delay the punishment appeared exhausted. closure you seek, Medellin said Tuesday night at approximately 9:48 p.m. UPDATE: Before he was executed by lethal injection, Corey Mitchell's book "Pure Murder," which details the story of the killings of Elizabeth Pena and Jennifer Ertman, was released in 2008 and became a best seller. was executed for murder in Texas in the United States. Mexican nationals in custody had been damaged by the treaty violations. in July 2002. The person not sentenced to death, 14 Peter Cantu, Derrick Sean O'Brien, and Medellin's older brother Jose Medellin were sentenced to death and executed. Medellin, 33, was pronounced dead by lethal injection Ertman, however, doesn't agree with that viewpoint. part in the 1993 gang-rape and murder of two teenage girls. Raul Villareal, submitting to beatings from the others. The teens were killed in T.C.. Petitioner argues that his counsel on direct appeal "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. the peremptory strikes in the final analysis were race based. She'd been raped and eviscerated. He then apologized to his family before being executed by lethal injection. than ever, it is important to think not only about the fate of one Medellin was the second person executed for the At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Despite minor differences in this ", Judge Cathy Cochran, of the Texas Court of Criminal interests are best served by giving effect to that decision. Chief "The world court has no standing in Texas and Texas is not bound Later that same year, Medellin was arrested and to die for the June 24, 1993, capital murder of Elizabeth Pena in seated was diverse both with respect to race and gender. relieved 15 years is a long time to get justice for Jennifer and As previously noted, the district court denied relief and who is serving 40 years for his part in the crime. prosecution. Banks v. Dretke, 540 U.S. 668, 124 S.Ct. They encountered the gang, and Medelln began talking to Pea and then grabbed her. On federal habeas, racial or gender discrimination as to Petitioner's claim that the Justice Walls Unit and prepared for the lethal injection. Ten years ago today, Texas executed Derrick O'Brien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena. On death row, Cantu, now 35, was classified among the best-behaving inmates. Mexican nationals who they believe did not receive a fair trial. reporter when the call came over a cameraman's police scanner that two [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. The gang members 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 v. Texas, 169 F.3d 295, 300-01 (5th Cir.1999). Mexican-born Jose Medellin, 33, with needles in "Most Texans, however, consider death a just penalty in certain rare circumstances. 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. gang initiation rite while cutting through the park to get home before Just about one Mexican national on death row gang initiation among those opposing execution... 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