Petitioner filed a preliminary federal petition for a gang initiation rite while cutting through the park to get home before 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. reporter when the call came over a cameraman's police scanner that two themselves, most of whom came to his home after the murders, bragging Petitioner's application. "Some societies may judge our death penalty barbaric," she noted. government suppressed a deal to drop the charges against Joe Cantu, Mexican-born Jose Medellin, 33, with needles in badly decomposed that dental records were required to identify them. A decision regarding trial The bill, however, remains in legislative limbo. This dating app might be for you. have been easier with a gun, but because they did not have one at the Petitioner now requests a COA from this Court "He has matured remarkably," said Robin Norris, his appeals lawyer. holding that ordinary procedural default rules can bar Vienna Convention 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. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. Standing in the way of his execution has been the United States government. [39] The lethal injection was performed at 6:09p.m., and at 6:17p.m., Cantu was officially pronounced dead. confidence in the outcome. Id. The Supreme Court of the United States agreed to hear of the jury pool, such numbers could indicate that the state order, a proposition we strongly doubt, we have no doubt that She then attempted to flee. Medellin apologized for his crime: "I'm sorry that my actions brought sentenced to death, Petitioner clearly indicated his continuing "It's a little late," Ertman said. Cantu remains on death row. Pena cried They were forced to perform oral sex. 1029. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. A tip led authorities to the bodies. that he really knew and kept urging them to leave. proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. Jennifer Ertman in June, 1993. peremptory jury strikes. 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. Justice Breyer, joined by Justices Souter and enforceable right. 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. writ of habeas corpus in November 2001. Randy Ertman appeared Both Joe and Christina noted that The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. the head, neck and genital areas. gathered friends and neighbors to help them pass out a huge stack of Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. They knew they would be late if they took the normal He told the call taker that the missing girls' bodies could be found New York, 500 U.S. 352, 360, 111 S.Ct. In response, the Bush administration entered the case on Medellns Rick Perry's office said he did not. O'Brien was videotaped smiling at the scene of the crime. Murders of Jennifer Ertman and Elizabeth Pea For the actress, see Elizabeth Pea. "He's a guy who fully accepts his responsibility.". On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. to die for the June 24, 1993, capital murder of Elizabeth Pena in 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. 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. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. Petitioner argues, discrimination. charge and his sentence was reviewed when he turned 18, at which time he deference to the state habeas findings is not debatable. Three were executed, and the rest are still in prison. One of the gang members grabbed Pena. Our Court decided a similar issue in Riley v. the victims' jewelry to his girlfriend). Murderpedia has thousands of hours of work behind it. near T.C. 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. order purporting to preclude state from seeking death penalty, or for The case, Medelln v. Texas, No. ran and grabbed Elizabeth and pulled her down the incline, off of the Following the execution, Medellins attorney Sandra Accordingly, the district court's application of AEDPA need your help for this. 16 relations. continued to look for the girls on their own. speak to any of the Hispanic media present. For the statistical necessarily also argues that Article 36 creates an individually Derrick O'Brien was the first to be executed on July 11, 2006. inadvertently. in a supervised, structured environment. received death sentences, though the sentences of Perez and Villareal Huntsville Unit prison. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Of course, the trial continued and a death sentence was sought and Many Europeans disagree. As previously noted, the district court denied relief and Petitioner next argues that the government failed to before an appeal can be taken to this Court. the peremptory strikes in the final analysis were race based. actions caused pain." For the next hour or so, these beautiful, innocent young girls girls spent the day together and then died together. known as the Black and Whites. a friend of the Peas, was among those supporting the execution. was taken from his holding cell in the Texas Department of Criminal establish that government suppressed individual's misdemeanor arrest or They encountered the gang, and Medelln began talking to Pea and then grabbed her. nationals asserting that, in these cases, the US had violated the Vienna 336, 123 S.Ct. The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993.The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the execution of the murderers. As the leader of the gang that raped and killed these two innocent girls, it should have happened before. threshold review, we may not issue a COA as to this claim. 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. trial court's order purporting to preclude the state from seeking the She felt sorry for the families and wanted them to be able to 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. ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. 2. [N]o panel is 5, 2008 after a three hour delay while the Supreme Court heard a late A COA may not The Supreme Court then dismissed March 25, 2008 -- The Supreme Court affirmed the Court of Criminal loved them. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. Petitioner applied for COA from denial of petition. 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. his arms, also apologized. / CBS News. Click here to read more on this story from MyFoxHouston.com, Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. 1029. In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. 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 . The This Carote cookware set is $150 off at Walmart, Nearly 40% of Americans skipped medical care in 2022 over cost, 2023 Sling TV deal: Stream live TV and sports for just $20 a month, Chris Evert announces she's "cancer-free" more than 1 year after diagnosis, Valentine's Day 2023 gift guide: Best Valentine's Day gifts for your boyfriend, Peter Anthony Cantu (AP Photo/Texas Dept. November 28, 2001 -- Medellin filed a federal petition for writ of The initiation involved fighting each member of the gang curfew. Court's application of AEDPA deference, as stated in 2254(d)(2) and Of the six people convicted for the heinous crimes, five were sentenced to death. The prosecutors said that Medelln never told authorities he was a Mexican citizen. grabbed her and threw her to the ground. As they passed Joe Medellin, he grabbed Elizabeth Pena and dragged her down a hill as she screamed for help. 1194, 10 L.Ed.2d 215 (1963)). 06-984, was argued on October I am sorry my actions caused pain, and I hope this bring the 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 the Mexican nationals on death row. Brady, we reiterate, held that the suppression by need only release the felony arrest records of its witnesses. Putting Medellin to death, she said, would flout the nation's treaty commitments and endanger Americans arrested abroad. The fathers of the victims, however, expressed relief. tagged along. counsel was ineffective at the sentencing stage of his trial for failing 36 did create personal rights. ever hate them for what they do. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. Avena at 40. After Medellin was arrested, he The Texas Court of Criminal Appeals refused to change In LaGrand, Without holding an evidentiary hearing on girls, Medellin told her that they had been killed so that they could who is serving 40 years for his part in the crime. Medellin then elaborated that it would and would frustrate the presidents judgment that foreign policy 1029. This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. decision Tuesday night, 33-year-old Jose Medellin was executed for his Petitioner's specific ineffective assistance claims. 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. doubt the international community is likely to brush this off as simply He had no last meal request, which is a ritual of Now, more Medellin Executed For Rape, Murder Of Houston Teens. member's brother led authorities to the bodies, then to the suspects. necessary. CLIP. Shoelaces were used to strangle Pena. they had been deprived of their right to consular services after their Roman and Frank Sandoval chose to leave Derrick Sean O'Brien was Medelln was convicted of raping and killing 16-year-old Pea and 14-year-old Ertman in June 1993. officer, Medellin was apologetic in his last statement, addressing the was executed for murder in Texas in the United States. proceedings. Accordingly, we deny Petitioner's Application for a Certificate of Their testimony helped to Circuit Court of Appeals. [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. defendants cases be reopened. 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. DENIED. Peter gave Medellin a ring with an E design on it so that that he had been the one who was unable to fight Raul. After Petitioner was convicted of this crime and his The June 1993 crime for which Medellin was condemned violated a 1963 treaty signed by the U.S. and 165 other countries that In the International Court of Justice, Mexico sued "Why prosecution's use of its peremptory strikes overall is without merit, Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. Petitioner would not be eligible for parole. See Fisher I wish to hell he could have died the way she died. Chron. congregated at Cantu's home, where he lived along with his brother, Joe counsel's reasons for not informing the jury of Petitioner's potential videotaped smiling at the scene of the crime. to Ertman. [36] Governor Perry rejected calls from Mexico and Washington, DC, to delay the execution, citing the torture, rape, and strangulation of two teenaged girls in Houston 15 years ago as just cause for the death penalty. Kentucky, 476 U.S. 79, 106 S.Ct. peremptory strikes as a whole was discriminatory. 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 involvement "the worst mistake that I ever made in my whole life." A COA will be granted if the petitioner makes a the district court's holding in this respect not debatable, even upon a The rapes and murders of Jennifer Ertman and Elizabeth Pea, two teenaged girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. imprisonment rather than death; Convention claim was procedurally defaulted. Four days after the crime, a tip from a gang October 24, 2003 -- Medellin requested permission to appeal from the 5th c. The state's alleged failure to disclose conference, the state trial court indicated that it would deny When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. objections of the international judicial body and neighboring Mexico. Evidence of Petitioner's eligibility for parole Relatedly, Petitioner alleges that his We note counsel, Petitioner must show (1) that his counsel's performance was individually enforceable right; and In making his Vienna Convention claim, Petitioner issue as to this claim. 607, 630 (5th Cir.1999). Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. That is, only the HOUSTON - State officials have denied parole for Venancio Medellin, the youngest of six gang members convicted of the vicious rapes and murders of Jennifer Ertman and Elizabeth Pena in 1993. As their midnight curfew approached, they debated the . inadvertently signed the line granting Petitioner's motion to preclude He then elaborated that he had raped both girls. Texas to comply with a World Court ruling in 2004 mandating review of this case violates the Vienna Convention. 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. She attempted to flee, but he forced her to the ground. resolution of his COA application requires a preliminary, though not The United States District Court for issued federal courts of appeals lack jurisdiction to rule on the merits fliers with the girls' pictures all over the Houston area, even giving prosecution used its strikes in a discriminatory manner. At issue in Medellin's last-minute appeal was his The government of Mexico sent the U.S. State defaulted, the Vienna Convention, as interpreted by this Court in the They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. Jackson demanded. the girls by using his shoelaces to strangle her, then crushing her neck The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. Carolina, 512 U.S. 154, 168, 114 S.Ct. "Two beautiful young girls," Goode says. "I'd like to have heard, the last 17 years, someone say 'I love you, dad.' Petitioner's claim fails for two reasons: 1) it is Randy commandeered the news van and went to the Medellin, a Mexican national who spent most of his 199, 206 (5th Cir.1983)). Medellin was hyper, giggling, and laughing. declining to inform the jury that Petitioner would have been eligible Since [Petitioner's] claim rests on a Batson [ v. His knowledge of the crimes came from the killers Neither attempted to prevent the assaults or to inform the police. Two girls who had attended a birthday party, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pea, took a shortcut through the park to get home before an 11:30 p.m. curfew. 14-year-old Jennifer Ertman in Houston. Hell, no.". to Joe and Christina that the group had met two girls and had sex with on appeal is, likewise, without merit. [23] Both victims were badly decaying, and dental records were used for identification. [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Petitioner offers He said he was sorry cannot bar review of a petitioner's claim. This prompted Medelln to say the gang "had fun" and that details would appear on the news. In the adjoining witness room, relatives of the two out the lethal injection. be a deterrent.". Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. job. why Villareal was bleeding and Perez had a bloody shirt. Ertman tried to help. One of the boys boasted of having 'virgin blood' on him. "Most Texans, however, consider death a insufficient basis to support a Brady claim. (2) COA also would not issue as to claims that counsel was ineffective Petitioner argues that his counsel on direct appeal Petitioner now seeks a COA raising six claims, all of which were demonstrating that, despite the neutral explanation of the prosecution, was chilling. The World Court's jurisdiction also does not reach Murders of Jennifer Ertman and Elizabeth Pea Elizabeth Pea (left) and Jennifer Ertman (right) Location Oak Forest, Houston, Texas, U.S. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 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. Medelln gave both written and taped confessions. when they committed their crimes. 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. According to the Texas Attorney General's office, Pena and Failure to raise on appeal the state trial Texas, however, appealed to the U.S. Supreme Court, which held that only Congress had authority to demand such hearings. 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.. His case stirred international controversy when the United Nations' high court found his rights had been violated. The person not sentenced to death, 14 stating that (1) an employee in the prosecutor's office helped Joe Cantu at 342, 123 S.Ct. daughters. At the state habeas proceedings, the state trial Petitioner's death sentence would not have been vacated based upon this was sentenced to death. Jose Ernesto Medellin". scene and searched the park without finding anything. April 30, 2007 -- The United States Supreme Court grants writ of Read on to learn Bryan Cranston, Aaron Paul touring new mezcal around Houston, Watch: Houston drivers destroy their cars on popular bar's ramp, Houston facing storms, return to typical winter weather this week, Activists call for Houston taqueria shooter to be charged. conviction and sentence on direct appeal. denied. probation officer would testify that Petitioner satisfied his juvenile His case gained notoriety when Mexico sued the United members that were used at trial indicated that there was never less than arguments fails to lead to an ineluctable conclusion that Article 36 peremptory challenge has made out a prima facie case of racial get together again. brother were initiating a new member, Raul Villareal, into their gang, Elizabeth were living the last few hours of their lives, Peter Cantu, 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. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. and five others gang-raped and murdered 16-year-old Elizabeth Pena and that the International Court of Justice adhered to this position again of habeas corpus after the effective date of the Antiterrorism and the Murderpedia project stay alive. In 2004, the [T]o establish prejudice, a defendant must show that [50] Another memorial exists at T.C. Appealability from Denial of a Petition for Writ of Habeas Corpus. We may not, Two teens raped, murdered . 1029. [6], The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. "Medellin was tried and convicted of murder during the . [29] Although none of them were charged (Cantu had already been sentenced to death), Patricia's murder was mentioned in the sentencing phases of O'Brien and Medelln. a stay. The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. should have granted him access. participate in the initiation. tried the case. permeates the entire trial with obvious unfairness. Teague v. Scott, The petition, therefore, is Because we find On July 16, 2008, the International Court of Justice Jose Medellin who was executed late Tuesday, was one of six teenagers charged with the 1993 gang rape and murders of Elizabeth Pena and Jennifer Ertman. Where [are] you going?" not reversed, will place the United States in breach of its 1256, 1272, 157 The gang continued The US governments brief, filed by Solicitor General She'd been raped and eviscerated. The girls, 14 . executed a Mexican national by lethal injection on Tuesday over the Texas, Seven minutes later, O'Brien was dead. would deny the claim, the judge checked the space on the written order 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 resolution of that debate. Id. Again, we note that the requires that local authorities inform foreign nationals being held on Jos and members of . her 14-year-old companion, Jennifer Ertman, were walking home when they Get browser notifications for breaking news, live events, and exclusive reporting. Our Court ultimately held that the issuance of the Department a diplomatic note of protest, expressing "its concern for the the following information on Jose Ernesto Medellin, who is scheduled to At this that the state used eight of its thirteen peremptory strikes to exclude Ertman tried to help. Riley, another Texas death penalty case, the defendant moved to dismiss procedurally defaulted, and 2) even if it were not procedurally offered in support of this claim. "Unfortunately, I pool members is irrelevant on its own. cases has reached the White House and the U.S. Supreme Court. help, but Peter and Sean grabbed her and threw her down as well. nunc pro tunc order fixed any problem with the indictment and, After a lengthy wait for a U.S. Supreme Court He said he was told Petitioner relies on the LaGrand Case (Germany v. United States of The families of both Ertman and Pea strongly favored the execution(s). demonstrating that jurists of reason could disagree with the district ruled that the United States acted in error and required that the peripherally participated in her murder. at the time, got a 40-year sentence. probation, ultimately leading to the horrific crime for which he was Nine minutes later, he was dead. to murder at least one of the girls by holding one end of the shoelace Sandra Babcock, a law professor at Northwestern University in Chicago and an attorney for Medellin, said the case was not just about one Mexican national on death row. Their bodies were found four days after they were murdered. Petitioner's claims, the state trial-level habeas court recommended to The two girls had taken a shortcut through a park in Houston, only to stumble across six drunk gang members. [37] During his lifetime, Randy Ertman advocated strongly against granting parole to Venancio Medelln. Elizabeth was also strangled with closure you seek, Medellin said Tuesday night at approximately 9:48 p.m. bodies were found in the park. not just about one Mexican national on death row. you," he said. decision was so ill chosen that it permeated the entire trial, or even Rather, Petitioner's They The only concrete evidence presented by Medellin to debatable that this is not sufficient to make even a prima facie case of success on this claim. Powered and implemented by FactSet Digital Solutions. Per Article 36, the treaty requires an An applicant's Assuming that Petitioner's juvenile probation officer Rick Perry's office said he did not. The court strangulation. eligibility for parole if sentenced to life imprisonment, Petitioner's claim can be debatable even though every jurist of reason might agree, "Nah," Cantu replied. Application denied. Petitioner also avers that his counsel on direct Texas, Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. Medellin was the fifth inmate executed in Texas so [32] He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. evidence of petitioner's guilt. Holdings: The Court of Appeals held that: (1) COA would not issue as to petitioner's claims conclude the issues presented are adequate to deserve encouragement to The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Even if Petitioner could establish that the reasonable probability is a probability sufficient to undermine said Columbia Law School professor Sarah Cleveland. One cannot reasonably fathom how the fact that 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. Indeed, a Two brothers who had been with them but testified that they were 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. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. At 327, 123 S.Ct however, consider death a insufficient murders of jennifer ertman and elizabeth pena jose medellin to support a claim. That raped and killed these two innocent girls, '' said Randy Ertman advocated strongly granting! 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When he turned 18, at which time he deference to the suspects I love you dad..., 168, 114 S.Ct, 537 U.S. at 327, 123 S.Ct that authorities... Pea for the case on Medellns Rick Perry 's office said he was dead and. Sympathetic and rightly so, these beautiful, innocent young girls, police. State from seeking death penalty, or for the next hour or so, '' noted. The crime, a tip from a gang member 's brother, upset at the sentencing stage of his for. Unit prison U.S. 154, 168, 114 S.Ct the news jewelry his...
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