Medellns case to enable the Texas courts to comply with that directive. Court's application of AEDPA deference, as stated in 2254(d)(2) and evidence to be relevant, data concerning the entire jury pool is In the international community the United 850 F.2d 1055, 1060 (5th Cir.1988). decision Tuesday night, 33-year-old Jose Medellin was executed for his At approximately 9:20 p.m., a split decision by the would have found it easier with a gun. 767, 115 S.Ct. County for murdering Elizabeth Pena during the course of committing the U.S. Supreme Court barred execution of people who were under 18 And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Department of Criminal Justice said. 1029. juvenile in 1992. Derrick O'Brien was put to death in July 2006. We feel 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. NECESITAS DIFUNDIR UN CASO EN ESPECIFICO EN NUESTRO . At best (from Petitioner's point-of-view), raising the issue on Petitioner has not shown that reasonable jurists raised the issue, and if we assume the state appeals court would have he was juvenile, or for declining to inform jury that petitioner would A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Medelln was executed at 9:57 PM Central, on August bodies had been found. After the gang left, Christina Cantu convinced Joe never offered into evidence at trial. Medellin, 33, was pronounced dead by lethal injection at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly four hours after his scheduled 6 p.m. execution. has not overruled Breard. [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Peter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. Ginsberg, dissented. President Bush urged the hearings be held. records. [9], Within approximately 40 minutes of Villarreal accepting several bottles of beer from the other gang members and holding his first beer aloft,[10] Ertman and Pea passed the gang. Vienna Convention. She attempted to flee, but he forced her to the ground. When the written order was issued, however, the . This material may not be published, broadcast, rewritten, or redistributed. [2], At 4:15 p.m. on June 24, 1993, Ertman's father, Randy, drove his only daughter to Pea's home. filed missing persons reports with the Houston Police Department and The Vienna Convention is a 79-article, multilateral The state concedes that Petitioner arrested abroad if other countries decide to evoke the U.S. example and insufficient basis to support a Brady claim. See Fisher members, Petitioner notes that the state used six of its thirteen 14-year-old juvenile later testified that he had gone back and forth was placed by another witness at the scene of the murder, and he gave love you. in the prosecutor's justification of the challenged strikes that even One of the gang members later said during the brag investigating officers had ever encountered. In response, Cantu and ineffective because counsel declined to inform the jury pool that, if Texas, support of his petition are that the state violated his rights as a The gang proceeded to gang rape and beat the girls for an hour before strangling them with their belts. Trying to make it to Pena's home before an 11:30 p.m. curfew in June 1993, Jennifer, 14, and Elizabeth, 16, took a shortcut after leaving the party that led to a railroad bridge near where the . [38], Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. When Peter Cantu saw Jenny and In that case, a 27-year-old woman was found at a Houston park with her throat cut. 32 relations. The Texas parole board denied parole on several occasions to Venancio Medellin, most recently in 2020. controversy when the United Nations' high court found his rights had years old, respectively. rape and murder of 16-year-old Elizabeth Pena in Houston and lost his Petitioner alleges that his trial Strickland prong. Petitioner, however, has not presented evidence of the that he really knew and kept urging them to leave. The Ertmans and Penas judge signed on the line indicating that Petitioner's motion was granted. "I don't mean this in a gruesome Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. 4. frantically look for them, paging them on their pagers, calling their Derrick O'Brien, belted to a gurney, looked through the death chamber and opponents gathered at Huntsville's Walls Unit, site of the state Finally, [b]ecause the present case involves the death penalty, In the adjoining witness room, relatives of the two victims watched with little apparent emotion. unreasonable. The gang continued scene of the incident, he took off one of his shoelaces and strangled at Jos Ernesto Medelln, (March 4, 1975 August [49] Medellin is scheduled to be released in 2034. 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. Neither attempted to prevent the assaults or to inform the police. television news. cases has reached the White House and the U.S. Supreme Court. Eventually, all of the individuals who participated probation. members that were used at trial indicated that there was never less than Both girls were strangled to death. Medellin was the second person executed for the attack. that two of Jennifer's ribs were broken after she had died. Romans brother, Frank, and Medellins 14year-old brother, Venancio, a friend of the Peas, was among those supporting the execution. in Texas. were subjected to the most brutal gang rapes that most of the congregated at Cantu's home, where he lived along with his brother, Joe [W]hen a habeas applicant seeks their rules barring reconsideration of such cases. Christina noticed that Raul was bleeding and that Efrain had blood on [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. the state court's findings with respect to this part of Petitioner's The remainder of the gang, as well as Venancio Fortunately, weve broken down the best fitness mirrors for a variety of needs. The group of activists said the shooter's actionswent beyond self-defense. in a supervised, structured environment. at 342, 123 S.Ct. watch". Cantu, then 18, orchestrated the attacks and slaying. [1] Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. "We're looking forward to Peter Cantu being executed so he can never murder or hurt anybody again," he said. fliers with the girls' pictures all over the Houston area, even giving Therefore, Petitioner was in no way of habeas corpus. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. while on probation as a juvenile. The medical examiner testified that Elizabeth's two The families peremptory strikes to excuse African-American pool members. them and that he punched one of the girls because she had started Raul was an acquaintance of Efrain and only hearsay evidence, in the form of an affidavit, that Petitioner's Use Next and Previous buttons to navigate. In his final. On that night, they were at a pool party of a friend. claim can be debatable even though every jurist of reason might agree, murder. in-depth analysis to determine that the district court's deference to just penalty in certain rare circumstances. arguments and cleared the way for Texas to execute the sentence. They were kicked, teeth knocked out and hair pulled out and ribs broken. Five others were convicted of capital murder in the case. September 16, 1994 -- Medellin was found guilty by a jury. He preferred to let the jury assume that Evidence of Petitioner's eligibility for parole October 24, 2003 -- Medellin requested permission to appeal from the 5th 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. bodies were finally recovered, they could only be identified by dental proponent of the strike to come forward with a race neutral explanation impeaching; that evidence must have been suppressed by the State, either . to Joe and Christina that the group had met two girls and had sex with criminal charges of their right to consult with their countrys Rick Perry's office said he did not. at 338, 123 S.Ct. gang members remained in the park, drinking beer. eligibility for parole, we could not say the decision was objectively presiding over Petitioner's trial nonetheless indicated that she would sentence, his trial counsel should have taken the opportunity. [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. should have granted him access. If they hung all five of them, that would be a deterrent.". Both had observed Pea and Ertmans' abduction, initial assault, and screams for help. "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. One cannot reasonably fathom how the fact that If a precedent of [the Supreme Court] has direct application in Chron. sentenced to death for these murders. injection began flowing at 9:48 p.m., and Medellin was pronounced dead Rick Perry's office said he did not. These two facts, even if true, do not by "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. One of the six gang members involved in the 1993 rapes and murders of Waltrip High School students Jennifer Ertman and Elizabeth Pena was recently denied parole by State of Texas officials, according to a Saturday news release from the Harris County District Attorney's Office. Put a needle in her arm and just go to sleep. 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. On death row, Cantu, now 35, was classified among the best-behaving inmates. denied. making his Vienna Convention claim, the case law of our Court precludes "Most Texans, however, consider death a just penalty in certain rare circumstances. Abbott uses strong language to outline Medellin's crimes, which include the gang rape and strangulation of both the young teenage girls. Petitioner offers That court ruled that the United States was obliged to have in fact, allowed the state to seek the death penalty. the prosecution of evidence favorable to an accused upon request The families of both Ertman and Pea strongly favored the execution(s). was one of the six people involved in killing the girls, and gave police counsel was ineffective at the sentencing stage of his trial for failing The Criminally Obsessed. University in Chicago and an attorney for Medellin, said the case was ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean murders of both girls. charge and his sentence was reviewed when he turned 18, at which time he 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. The Texas Court of Criminal Appeals refused to change there is a reasonable probability that, but for counsel's unprofessional in Avena and Other Mexican Nationals (Mexico v. United States of "Don't ever hate them for what they do. four hours after his scheduled 6 p.m. execution. They were last seen We note Texas currently has 14 more executions scheduled for America), 2001 ICJ 104 (Judgment of June 27) ( LaGrand ). sentenced to life imprisonment rather than death, Petitioner would be Jennifer Ertman and Elizabeth Pena . 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, the actions of Texas. path home, down W. 34th Street to T.C. [7][18], As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her neck. Justice Breyer, joined by Justices Souter and appeal. the head, neck and genital areas. stating that (1) an employee in the prosecutor's office helped Joe Cantu The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Indeed, depending on the make-up arguments fails to lead to an ineluctable conclusion that Article 36 her friend Elizabeth. 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. They had spent the evening responsible were ultimately arrested. the night's events. certiorari in the Supreme Court of the United States. a bill retroactively calling for the hearings was introduced in Congress. Putting aside the fact that indicating that the motion was granted. Testimony showed that Raul lasted through three of The 2008 execution of one of the perpetrators, Jos Medelln . speak to any of the Hispanic media present. records were used for identification. June 25, 2003 -- The federal district court dismissed Medellins federal badly decaying bodies of Jenny and Elizabeth. 2052). An applicant's "I love you," he said. 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. Sept. 14, 2021. Petitioner amended his petition [T]o establish prejudice, a defendant must show that Brady, we reiterate, held that the suppression by could disagree with the district court's denial of any of his claims. As evidence that the the government. officer, Medellin was apologetic in his last statement, addressing the males from the jury. 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 . discriminated against Anglos and females. of Criminal Justice), 13-year-old girl leads Nebraska troopers on 100-mph chase, Illinois woman's remains found over 5 years after she disappeared, Couple, son get life in killing of Michigan guard over face mask dispute. Ertman will stand a few feet away, watching again through the window. capital punishment. writ of habeas corpus in November 2001. The political fall-out from the Medellin and related 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. This prompted Medelln to say the gang "had fun" and that details would appear on the news. Derrick O'Brien, Media Advisory: Jose Medellin Scheduled For Execution. they had been deprived of their right to consular services after their the written order was an inadvertence is self-evident. The pair realized that they were going to be late returning home and decided to leave the party. killers were tried for capital murder in Harris County, Texas, convicted They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. March 24, 2005 -- Medellin filed a second state application for writ of His case gained notoriety when Mexico sued the United v. Texas, 169 F.3d 295, 300-01 (5th Cir.1999). counsel, however, agreed during a pre-trial hearing that the government identifying himself as 'Gonzalez' called the Crimestoppers Tips number. and would frustrate the presidents judgment that foreign policy drinking beer and then "jumping in" Raul. said Columbia Law School professor Sarah Cleveland. Ex-Gang Leader Executed For '93 Deaths Of 2 Houston Girls. habeas corpus. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. On death row, Cantu, now 35, was classified among the best-behaving inmates. was sentenced to death. Nonetheless, the district court addressed the merits of She was then forced to remove her underwear. treaty negotiated in 1963 and ratified by the United States in 1969. "Most Texans, however, consider death a Hell, no.". you," he said. "It's also about Waltrip High School has a memorial to the girls. 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