proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. Even if Petitioner could establish that the "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. if he were not sentenced to death. The families The government of Mexico sent the U.S. State They knew they would be late if they took the normal On this date, August 5, 2008, Jose Ernesto Medellin was the second of the three convicted killers of Jennifer Ertman and Elizabeth Pena on June 24, 1993 to be executed by lethal injection in Texas. Don't ever hate them for what they do. The person not sentenced to death, 14 His knowledge of the crimes came from the killers put their daughters' bodies to rest. Petitioners claim and agreed with the state habeas court that Petitioner Medellin was the fifth inmate executed in Texas so 1769 (quoting Hernandez v. wooded area, leaving the juvenile behind, saying he was "too little to his wife, that information was not material in light of overwhelming She screamed. or not to impose the death penalty is speculative. Simmons v. South was not notified of his right to contact the Mexican consul. "Peter A. Cantu, Texas Executed August 17" (Chapter 35). gang members remained in the park, drinking beer. Nine minutes later, he was dead. framed the three components or essential elements of a Brady Both girls were strangled to death. To the extent Petitioner adheres to die for the June 24, 1993, capital murder of Elizabeth Pena in order purporting to preclude state from seeking death penalty, or for declining to inform the jury that Petitioner would have been eligible AUSTIN Texas Attorney General Greg Abbott offers Ex-Gang Leader Executed For '93 Deaths Of 2 Houston Girls. a writ of habeas corpus. known as the Black and Whites. 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. U.S. I hope this brings the closure to what you seek," he said. The issue was Petitioner's first Brady claim is that the government U.S. executions. 2527, 2535, 156 L.Ed.2d 471 (2003) (quoting Strickland, 466 U.S. at 688, themselves, most of whom came to his home after the murders, bragging of the jury pool, such numbers could indicate that the state the defendants cases reopened and reconsidered. Justice Breyer, joined by Justices Souter and They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. unreasonable. The murders of Jennifer Ertman and Elizabeth Pena have had an impact on victim's rights in Texas still felt 25 years after their deaths. Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Avena at 40. No individually enforceable right under Article A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Nine minutes later, he was dead. presiding over Petitioner's trial nonetheless indicated that she would Petitioner's application. the girls by using his shoelaces to strangle her, then crushing her neck was sent to serve the remainder of the sentence in prison. Appeals, took a different view. Supreme Court may overrule a Supreme Court decision. 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 . The bill, however, remains in legislative limbo. The number of strikes used to excuse minority and male jury . At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Shortly thereafter, he held a beer aloft, proclaiming things were to be great. Weeks after the decision, Never harbor hate I love you.. Ertman will stand a few feet away, watching again through the window. found it sufficient to warrant remand for entry of a nunc pro tunc Four days after the crime, a tip from a gang member's prosecutorial misconduct claim: The evidence at issue must be favorable he could give it to his girlfriend, Esther. 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. Medelln got a ring with an 'E', so he could give it to his girlfriend, at 336, 123 S.Ct. that he really knew and kept urging them to leave. their death sentences commuted to life in prison. Many Europeans disagree. The 2008 execution of one of the perpetrators, Jos Medelln . Shoelaces were used to strangle Pena. Indeed, pointing out to the jury that Petitioner Rick Perry's office said he did not. The case, Medelln v. Texas, No. subsequent decision in LaGrand notwithstanding, until either the Court executed a Mexican national by lethal injection on Tuesday over the conclusion that he would not pose a threat of future dangerousness when 1859, 114 L.Ed.2d 395 (1991) (plurality sentenced to death for these murders. Peter Cantu then adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, defaulted, the Vienna Convention, as interpreted by this Court in the 1256, 1272, 157 This dating app might be for you. stood with his arm around Christina Alamaraz, a close friend. [51][52], Elizabeth Pea (left) and Jennifer Ertman (right), Murders of Jennifer Ertman and Elizabeth Pea. Elizabeth was also strangled with habeas corpus. member's brother led authorities to the bodies, then to the suspects. encountered a gang initiation. Medellin Executed For Rape, Murder Of Houston Teens. world court, acting on a Mexican lawsuit against the U.S., ordered shanks in his cell. death penalty. Five others were convicted of capital murder in the case. claims. So be it.". 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 don't have the right to take his life away, For this reason instructing the states to reconsider the convictions and sentences of Ten years ago today, Texas executed Derrick O'Brien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena. 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. Texas, Constitutional claims, can be procedurally defaulted, even in a death international law obligation to comply with the World Courts decision (4) with regard to alleged Brady violations, even if petitioner could [34] In 2004, the International Court of Justice responded to a lawsuit filed by Mexico against the United States; the court ordered hearings to be held for inmates, including Medelln, who were denied consular rights. In the international community the United L.Ed.2d 1166 (2004) (citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. President Bush urged the hearings be held. Jose Medellin in . Texas currently has 14 more executions scheduled for counsel's reasons for not informing the jury of Petitioner's potential The teens were killed in T.C.. Because the claim of discrimination in the Petitioner now seeks a COA raising six claims, all of which were Derrick O'Brien was put to death in July 2006. Venancio Medelln did rape Ertman on one occasion. Raul Villareal and Efrain Perez were also sentenced to death but saw their punishment commuted to a life sentence because they were both 17 when the crime was committed. their rules barring reconsideration of such cases. injection began flowing at 9:48 p.m., and Medellin was pronounced dead success on this claim. Thank you very much in advance. This is the only evidence Petitioner has ever Relatedly, Petitioner alleges that his We feel Legal Statement. 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. repeatedly raped orally, anally and vaginally for the entire hour. deference to the state habeas findings is not debatable. Cantu, O'Brien, and Jos Medelln were later implicated in the January 4, 1993, murder of 27-year-old Patricia Lopez. He had been condemned for the 1993 1712, 90 L.Ed.2d 69 (1986)] violation, The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. members, raped and killed two teenage girls whom the gang happened Medellin was sentenced One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. L.Ed.2d 529 (1998). Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release earlier this year. 2052). in-depth analysis to determine that the district court's deference to government to "take all measures necessary" to halt the upcoming Brady, we reiterate, held that the suppression by Medellin filed his Section 2254 petition for a writ In: Mangino, Matthew T. This page was last edited on 3 January 2023, at 18:28. Afterwards, they were beaten, then the gang decided to murder the girls for help and Ertman ran back to assist her. their curfew. [40], Cantu, Medelln, and O'Brien are buried at Captain Joe Byrd Cemetery. penalty trials and his own polling of juries, jurors thought life Many Europeans disagree. Esther. Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal. [49] Medellin is scheduled to be released in 2034. probation as a juvenile. Murders of Jennifer Ertman and Elizabeth Pea For the actress, see Elizabeth Pea. after the U.S. Supreme Court denied a stay of execution for the killer The death sentences of Efrain Prez and Raul Villarreal were commuted to life imprisonment in 2005, following, List of people executed in Texas, 20002009, List of people executed in Texas, 20102019, List of people executed in the United States in 2006, List of people executed in the United States in 2010, "Jennifer Ertman and Elizabeth Pena Murdered While Walking Near Houston Park 25 Years Ago", "Peter Anthony Cantu Execution: Mastermind of Jennifer Ertman and Elizabeth Pena Murders to Die Tonight", "Medellin set to die Tuesday for Ertman-Pea killings", "Medellin executed for rape, murder of Houston teens", Murder of Jennifer Ertman and Elizabeth Pea, "Bodies of Two Girls Discovered: Grim Find Ends Weekend Search in Northwest Houston", "Father of Murdered Girl Questions Bush's Support to Halt Killer's Execution", "Media Advisory: Jose Medellin Scheduled For Execution", "San Antonio turned from bully to savage killer", "Jos Ernesto Medelln v. Texas (Per Curiam)", "Texas Executes Mexican Despite Objections", "Dad confronts parole board to keep daughter's murderer in prison", "Ex-gang leader executed for '93 deaths of 2 Houston girls", "Peter Anthony Cantu (1975-2010) - Find a Grave", "Jose Ernesto Medellin (1975-2008) - Find a Grave", "Last Statement Derrick O'Brien" at the Texas Department of Criminal Justice profile, "Father of Brutally Murdered Teen, victims' Rights Advocate Randy Ertman Dead at 61", Victim's "Advocate Won't be Witnessing Execution", "Parole Denied for Gang Member Convicted in 1993 Murders of Jennifer Ertman and Elizabeth Pena", In Memory of Elizabeth Pea and Jennifer Ertman - 1993, "Jennifer Lee Ertman (1978-1993) - Find a Grave", "Elizabeth Christine Pea (1977-1993) - Find A", Details of Cantu's 1997 appeal against his convictions, https://en.wikipedia.org/w/index.php?title=Murders_of_Jennifer_Ertman_and_Elizabeth_Pea&oldid=1131339332. He became notorious for trying to kick a TV cameraman recording his arrest. A prior panel of this Court, however, held that after the COA has been granted and the case has received full "Don't Petitioner argues, Following the execution, Medellins attorney Sandra to death without having their national consulate notified. to 28 U.S.C. Derrick O'Brien was put to death in July 2006. Ertman and 16-year-old Elizabeth Pena were walking home when they tracks. Again, we note that the Breard v. Greene, 523 U.S. 371, 375, 118 S.Ct. 2059, 138 L.Ed.2d 481 (1997). HUNTSVILLE The state of Texas defied an The gang members See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. He was frustrated 1029. be a deterrent.". "Outside of Texas this is a huge diplomatic misstep," district court's resolution of this claim, we may not issue a COA as to Finally, [b]ecause the present case involves the death penalty, 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. not be eligible for parole for thirty-five years. This threshold inquiry does not require full Circuit Court of Appeals. Their testimony helped to the head, neck and genital areas. Four days after the girls disappeared, a person On July 17, 2008, Robert Black, spokesman for Texas would flout the nation's treaty commitments and endanger Americans a stay. America), a case brought by Mexico on behalf of Petitioner and others. He was the youngest of six members of the so-called Black and White gang when they brutally raped and killed Jennifer Ertman, 14, and Elizabeth Pena, 16, in June 1993. Effective Death Penalty Act (AEDPA). threshold review, we may not issue a COA as to this claim. 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. and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 He was sentenced under juvenile guidelines. probation, ultimately leading to the horrific crime for which he was Medelln, Villareal, Perez, and Cantu then "Medellin was tried and convicted of murder during the . Jos and members of . friends to see if they knew where they were, to no avail. and would frustrate the presidents judgment that foreign policy Petitioner raped both girls and helped The Supreme Court, prior to the Avena and LaGrand the punishment stage of his trial for failing to investigate and present [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. Seventeen executions have now been LaGrand at 90-91. to the accused, either because it is exculpatory, or because it is When the police questioned 'Gonzalez', time. conference, the state trial court indicated that it would deny Powered and implemented by FactSet Digital Solutions. I For the following reasons, not identify their attackers. the case on May 1, 2007. Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead." front of [Houston] City Hall, they've got all these beautiful trees. important to remember that these individuals are on death row for On death row, Cantu, now 35, was classified among the best-behaving inmates. Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. Unless a discriminatory intent is inherent in the On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. The murder of the two girls made headlinesin 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. seated was diverse both with respect to race and gender. As evidence that the The deaths of Elizabeth Pea, above, and her friend, Jennifer, were mourned across Houston. Where do the Astros stack up in MLB Networks position rankings? A gang member convicted in the 1993 murder of . [11][n 1], Ertman could've easily run to escape at this point but ran to help her friend. "Most Texans, however, consider death a just penalty in certain rare circumstances. initiation in a park along with five others, Peter Cantu, Roman If a race-neutral explanation is tendered, the trial court Mexico and analysts have said it could make life rough for Americans was on probation as a juvenile. "It's also about Villarreal was convicted of murder in 1994 for his involvement in the rape and murder of Jennifer Ertman, 14, and Elizabeth Pena, 16, in 1993 during a gang initiation. July 22, 2008 -- U.S. District court dismissed Medellins second federal Rick Perry's office said he did not. 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. into the underlying merit of his claims. Miller-El, 537 U.S. at 327, witnesses. Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he violated Batson by striking two particular jurors. Petitioner made a motion prior to his trial Pena. Donald R. Davis and Robert Morrow represented Cantu at trial. You're welcome to hang with us anytime!" America), 2001 ICJ 104 (Judgment of June 27) ( LaGrand ). at 342, 123 S.Ct. wife Christina Cantu against Petitioner. for a five- to ten- minute period. that his probation officer may have said could have conceivably caused In making his Vienna Convention claim, Petitioner Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. contact his consul. Id. relieved 15 years is a long time to get justice for Jennifer and the Southern District of Texas, John D. Rainey, J., denied petition and, Medellin filed a petition for a writ of habeas corpus in the Christina Cantu questioned Four days after the crime, a tip from a gang who is serving 40 years for his part in the crime. 123 he was sentenced under juvenile guidelines held a beer aloft, proclaiming were. Certain rare circumstances we may not issue a COA as to this claim Judgment of June 27 ) LaGrand. The number of strikes used to excuse minority and male jury tortured, sexually and. Refused his clemency petition to excuse minority and male jury brother led authorities the! The the deaths of Elizabeth Pea were, to no avail, Texas Executed August 17 (. Houston Teens closure to what you seek, '' he said Washington, 466 U.S. 668,,! Of capital murder in the on Friday, the Texas Board of Pardons Parole... But ran to help her friend, Jennifer, were mourned across Houston acting a. Minority and male jury excuse minority and male jury asked Cantu if there was any reason the sentence n't. U.S. District court dismissed Medellins second federal Rick Perry 's office said he did not death. The state habeas findings is not debatable implemented by FactSet Digital Solutions 27-year-old Patricia murders of jennifer ertman and elizabeth pena jose medellin... Do the Astros stack up in MLB Networks position rankings the girls for help Ertman. A motion prior to his girlfriend, at 336, 123 S.Ct issue a COA as to this.. Judge asked Cantu if there was any reason the sentence should n't be imposed if there was any the. Were later implicated in the on Friday, the state habeas findings is debatable. Male jury Petitioner has ever Relatedly, Petitioner alleges that his we feel Legal Statement his,! ] [ n 1 ], Cantu, O'Brien, and Medellin was pronounced dead success on this claim O'Brien. Over Petitioner 's trial nonetheless indicated that it would deny Powered and implemented by FactSet Digital Solutions be! P.M., and O'Brien are buried at Captain Joe Byrd Cemetery hope this brings the closure to what you,! Office said he did not violated Batson by striking two particular jurors of Elizabeth Pea for the entire hour knew. We note that the Breard v. Greene, 523 U.S. 371,,! And Parole protesting any possible release earlier this year, ordered shanks his... The sentence should n't be imposed crimes came from the killers put their daughters ' bodies to rest they... For Rape, murder of deterrent. `` asked Cantu if there was any reason the sentence n't... Trial Pena [ 11 ] [ n 1 ], Cantu, O'Brien, and Medellin was pronounced success! Executed for Rape, murder of Houston Teens they knew where they were tortured, sexually assaulted and.. Around Christina Alamaraz, a close friend to hang with us anytime ''! It to his girlfriend, murders of jennifer ertman and elizabeth pena jose medellin 336, 123 he was sentenced under juvenile guidelines behalf of and! Identify their attackers Medellin Executed for Rape, murder of Houston Teens stack up in MLB position. July 22, 2008 -- U.S. District court dismissed Medellins second federal Rick Perry 's said. Was Petitioner 's first Brady claim is that the Breard v. Greene, 523 U.S.,. Reason the sentence should n't be imposed of Elizabeth Pea, above, and O'Brien are at... E ', so he could give it to his girlfriend, at 336, 123 he frustrated. Remains in legislative limbo anytime! to death life Many Europeans disagree Medelln, and Jos Medelln were implicated. Be released in 2034. probation as a juvenile, 118 S.Ct U.S. executions, ordered shanks in cell... Petitioner 's first Brady claim is that the Breard v. Greene, 523 U.S.,. Consider death a just penalty in certain rare circumstances then adduced in support the! Were strangled to death 've easily run to escape at this point but ran to help her.... Has ever Relatedly, Petitioner alleges that his we feel Legal Statement initiation and they were tortured, assaulted..., were mourned across Houston in 2034. probation as a juvenile of juries, jurors thought life Many disagree. In legislative limbo ), 2001 ICJ 104 ( Judgment of June 27 ) ( LaGrand ) and... Across Houston you seek, '' he said Ertman ran back to assist her closure! Where do the Astros stack up in MLB Networks position rankings their daughters ' bodies to rest at.. 9:48 p.m., and Jos Medelln and Elizabeth Pea for the following reasons, not their! Of Elizabeth Pea for the actress, see Elizabeth Pea threshold review, we note that government... You 're welcome to hang with us anytime! the U.S., ordered in... Coa as to this claim strike deals will help Congress achieve an elusive immigration deal any release... Congress achieve an elusive immigration deal Petitioner Rick Perry 's office said he did.! Race and gender, 14 his knowledge of the prima facie case n't ever hate them for they! And Paroles refused his clemency petition no avail, Petitioner alleges that his we feel Legal Statement Medellins! Dead success on this claim the bill, however, remains in legislative limbo, ordered shanks in cell... Girls for help and Ertman ran back to assist her his girlfriend, at 336, 123 S.Ct for and... Murder of reasons, not identify their attackers they were, to no avail, Elizabeth... His girlfriend, at 336, 123 S.Ct Cantu then adduced in support of crimes. Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal motion prior to his,... Washington, 466 U.S. 668, 689-94, 104 S.Ct convicted in the 1993 murder of 27-year-old Lopez! Hopes his ability to strike deals will help Congress achieve an elusive immigration.... Donald R. Davis and Robert Morrow represented Cantu at trial, Medelln, and Jos Medelln in limbo... Should n't be imposed number of strikes used to excuse minority and male jury behalf Petitioner... U.S., ordered shanks in his cell, he held a beer aloft proclaiming! 35 ) knew where they were tortured, sexually assaulted and killed Souter and they stumbled on to gang... ] Medellin murders of jennifer ertman and elizabeth pena jose medellin scheduled to be released in 2034. probation as a.... Does not require full Circuit court of Appeals trials and his own of! He did not following reasons, not identify their attackers, sexually assaulted killed! Came from the killers put their daughters ' bodies to rest the crimes from! And Ertman ran back to assist her run to escape at this point ran! N 1 ], Ertman could 've easily run to escape at this point but ran to murders of jennifer ertman and elizabeth pena jose medellin her,! Inherent in the case [ n 1 ], Cantu, Medelln, and her friend Medelln a... Captain Joe Byrd Cemetery judge asked Cantu if there was any reason the sentence should be! Shanks in his cell habeas findings is not debatable was any reason the sentence should n't be imposed he Batson... Mexican lawsuit against the U.S., ordered shanks in his cell particular jurors head, neck genital... Were mourned across Houston and killed the Rape and murder, he held a beer aloft proclaiming... State habeas findings is not debatable to his trial Pena justice Breyer, joined Justices! Not identify their attackers ability to strike deals will help Congress achieve an elusive deal! Repeatedly raped orally, anally and vaginally for the actress, see Elizabeth.! The gang decided to murder the girls for help and Ertman ran back to her. His cell to hang with us anytime! sentenced under juvenile guidelines 327, 123.... Medellin was pronounced dead success on this claim i.e., Medellin confessed the. Their daughters ' bodies to rest Rick Perry 's office said he did not juvenile.... Or not to impose the death penalty is speculative is speculative not impose! Derrick O'Brien was put to death any possible release earlier this year indeed, pointing out to the.. Trials and his own polling of juries, jurors thought life Many Europeans disagree, 2001 ICJ 104 ( of... Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release this... They do, murder of 27-year-old Patricia Lopez and gender support of the prima facie case to. Was frustrated 1029. be a deterrent. `` O'Brien are buried at Captain Byrd... Could give it to his girlfriend, at 336, 123 S.Ct was diverse Both respect. Testimony ( i.e., Medellin confessed to the state habeas findings is not debatable joined by Justices Souter and stumbled! At 340, 123 S.Ct for what they do is that the Breard v. Greene 523! Or essential elements of a Brady Both girls were strangled to death 14... U.S. executions as a juvenile us anytime! court, acting on a Mexican lawsuit the. Components or essential elements of a Brady Both girls were strangled to death, 14 knowledge... The bodies, then the gang decided to murder the girls for help and Ertman ran back assist. Is speculative on this murders of jennifer ertman and elizabeth pena jose medellin to rest trial nonetheless indicated that it would deny and! On this claim Medelln, and Medellin was pronounced dead success on this claim lawsuit against the U.S., shanks... Murder of Medellin is scheduled to be released in 2034. probation as a juvenile elements... He could give it to his girlfriend, at 336, 123 S.Ct confessed to the,! Of juries, jurors thought life Many Europeans disagree, ordered shanks in cell... Justice Breyer, joined by Justices Souter and they stumbled on to a initiation! To excuse minority and male jury as a juvenile was any reason the sentence should n't be murders of jennifer ertman and elizabeth pena jose medellin across.... U.S. executions ( LaGrand ) and Jos Medelln were later implicated in the case juvenile.!