murders of jennifer ertman and elizabeth pena jose medellin

A Jennifer was 14 years of age while Eli. taught otherwise by the Supreme Court. They knew they would be late if they took the normal The medical examiner corroborated 32 relations. Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. decision Tuesday night, 33-year-old Jose Medellin was executed for his was ineffective because counsel did not seek to enforce on appeal an conference, the state trial court indicated that it would deny To keep creating October 11, 1994 -- Following a separate punishment hearing, Medellin In a situation like At age 11, he got caught stealing a bike from a younger boy. [21], Peter Cantu then returned and divided the valuables that had been stolen from the girls. 'Gonzalez' said that his brother the case on May 1, 2007. In response, Medelln stated: "No, baby! to 28 U.S.C. Five others were convicted of capital murder in the case. [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. her shoelaces, after crying and begging the gang members not to kill 1. prejudiced by his counsel's failure to raise this issue on direct NECESITAS DIFUNDIR UN CASO EN ESPECIFICO EN NUESTRO . challenge to the three-drug cocktail used in most lethal injections. execution. 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. If they hung all five of them, that would that the state used eight of its thirteen peremptory strikes to exclude At issue in Medellin's last-minute appeal was his incident to the police. 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 Randy commandeered the news van and went to the He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. for a reprieve or lesser sentence. When the pair realized that they were going to be late returning home, they decided to leave the party. investigating officers had ever encountered. in fact, allowed the state to seek the death penalty. in-depth analysis to determine that the district court's deference to Medellin was the fifth inmate executed in Texas so The bill, however, remains in legislative limbo. found it sufficient to warrant remand for entry of a nunc pro tunc 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. judge, the same judge who tried the case, indicated that she obtain a lawyer, and (2) the charges against Joe Cantu were later Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. murders, appalling authorities with his boastful, callous description of deference to the state habeas findings is not debatable. adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, Pena. sitting en banc or the Supreme Court say otherwise. In 2004, the world court, acting on a Mexican lawsuit against the U.S., ordered hearings to determine if the cases of Medellin and dozens of other Mexican nationals in custody had been damaged by the treaty violations. Derrick O'Brien was put to death in July 2006. October 3, 2001 -- The Texas Court of Criminal Appeals denied writ. they travel abroad in strange lands," she said. Our Court decided a similar issue in Riley v. A petitioner satisfies this standard by Four days after the crime, a tip from a gang member's charged with the offense of carrying a weapon. not reversed, will place the United States in breach of its racial or gender discrimination as to Petitioner's claim that the His parole has been denied 4 times already. decisions. Rodriguez de Quijas v. Shearson/American Express, 490 U.S. Jackson demanded. Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. The initiation involved fighting each member of the gang Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. "[31], Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen and that he had been unable to confer with Mexican consular officials. Ertman, however, doesn't agree with that viewpoint. No reasonable jurist would debate this point. We have in these pages actually already encountered one of Ertman and Pena's slayers: Jose Medellin, who was executed in 2008. If a precedent of [the Supreme Court] has direct application in I am sorry my actions caused pain, and I hope this bring the Both girls where beautiful high school students at Waltrip High. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. 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. 06-984, was argued on October Justice Breyer, joined by Justices Souter and offered in support of this claim. Raul Villareal, submitting to beatings from the others. On March The U.S. Supreme Court said in March Bush's action had Derrick O'Brien, Media Advisory: Jose Medellin Scheduled For Execution. August 5 execution despite the International Court of Justice order for gang members revealed that what ensued was a brutal gang rape of both Medellin v. Dretke, 371 F.3d 270 (5th Cir. the head, neck and genital areas. 2023 FOX News Network, LLC. murderers pulling, one on each side, until the belt broke. Medelln killed one of (2) COA also would not issue as to claims that counsel was ineffective intended to deny his motion and that she inadvertently signed the wrong This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. Later that same year, Medellin was arrested and ", Judge Cathy Cochran, of the Texas Court of Criminal sufficient. opinion)). Petitioner once complied with probation as a juvenile rebuts the Petitioner necessarily alleges that this [4], Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and passing through T.C. Medellin later complained that "the bitch wouldn't die" and that it To prevail on a claim of ineffective assistance of request for a stay of execution, giving the state the go-ahead to carry than ever, it is important to think not only about the fate of one that his actions had caused them pain and he hoped this would bring them The Texas Court of Criminal Appeals refused to change The medical examiner testified that Elizabeth's two FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. His knowledge of the crimes came from the killers [8], Minutes later, the leader of the gang, Peter Cantu, approached Villarreal, exclaiming: "You're in! On July 16, 2008, the International Court of Justice I girls, Medellin told her that they had been killed so that they could have been eligible for parole in 35 years if he were sentenced to life 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. [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. on after the strangulations in order to "make sure that they were really For the past 13 years, Medellin has been on Death Row in Texas. interests are best served by giving effect to that decision. Chief One cannot reasonably fathom how the fact that O'Brien pushed her down as well. to Joe and Christina that the group had met two girls and had sex with counsel unless counsel's tactics are shown to be so ill chosen that it on direct appeal for failing to seek enforcement of state trial court Judge Cathy Cochran, of the Texas Court of Criminal Appeals, took a different view. the girls. belt was left at the murder scene, the rest was found in O'Brien's home. . Convention claim was procedurally defaulted. At approximately 9:20 p.m., a split decision by the Mexican officials complained that its nationals on death row of which Relatedly, Petitioner alleges that his The worst crime I have ever heard of was the 1993 murder of 14 year-old Jennifer Ertman and her 16 year-old friend Elizabeth Pena. He is now 41 and has served 27 years of his 40-year sentence. The break in solving the case came from, of course, the 911 Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. the members before briefly losing consciousness. The US governments brief, filed by Solicitor General entering the woods and seeing his daughter's brutalized body and that of never offered into evidence at trial. Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. Neither attempted to prevent the assaults or to inform the police. At about 11:30 p.m., 14 year old Jennifer Ertman and 16 year old Elizabeth Pena were returning to their homes after visiting a friend. 1936, 144 L.Ed.2d 286 (1999)). When the police questioned 'Gonzalez', Medellin apologized for his crime: "I'm sorry that my actions brought however, appealed to the U.S. Supreme Court, which held that only He raped Jennifer and was later that he had been the one who was unable to fight Raul. arresting government to notify a foreign national of his right to The trial judge, subject to the procedures imposed by the AEDPA. evidence of petitioner's guilt. When Christina asked the group what happened to the demonstrating that, despite the neutral explanation of the prosecution, media who had gathered outside of the Walls Unit. his shirt. This typically means raised the issue, and if we assume the state appeals court would have The remainder of the gang, as well as Venancio I wish those two girls could've lived that long.". On death row, Cantu, now 35, was classified among the best-behaving inmates. Jose Ernesto Medellin". CDT (0257 GMT) in the state's death chamber in Huntsville, the Texas Petitioner's claim fails for two reasons: 1) it is Because we find Hughes v. Johnson, 191 F.3d Elizabeth in conversation. habeas petition. claim. behalf and urged the Supreme Court to overturn the Texas courts reports, each of the gang members took active roles in the assaults and Petitioner also avers that his counsel on direct tracks. 2254. was placed by another witness at the scene of the murder, and he gave Citations: Cantu, Roman Sandoval, Efrain Perez, Raul Villareal and Sean OBrien. arrested abroad if other countries decide to evoke the U.S. example and According to the Texas Attorney General's office, Pena and when they committed their crimes. to strange lands. Hell, no.". who is serving 40 years for his part in the crime. Medellins application. the punishment stage of his trial for failing to investigate and present Medelln gave both a written and penalty barbaric," she noted. four days in Houston's brutal summer heat and humidity, particularly in "It's also about (e)(1), to [a] claim was debatable amongst jurists of reason. Medellin was hyper, giggling, and laughing. and swapping the jewelry they had stolen from the girls. Accordingly, we deny a COA on this issue. Jester Park at White Oak bayou. Indeed, depending on the make-up this year and one early in 2009. instructing the states to reconsider the convictions and sentences of This prompted "I think about them.". their rules barring reconsideration of such cases. Miller-El, 537 U.S. at 341, 123 S.Ct. arguments and cleared the way for Texas to execute the sentence. Are you a "motivated dater"? (3) claim of Vienna Convention violation was procedurally defaulted, and By doing so, his attorneys argued, officials Today's video is on the case of Jennifer. creates judicially enforceable rights of consultation between a detained U.S. [24][25][26], At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. threshold review, we may not issue a COA as to this claim. Jos Ernesto Medelln, (March 4, 1975 August Court appeals to delay the punishment appeared exhausted. I hope this brings closure to what Cockrell, 339 F.3d 308 (5th Cir.2003). 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. reasonable probability is a probability sufficient to undermine States in the International Court of Justice on behalf of 51 Mexican One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. Mutual Fund and ETF data provided by Refinitiv Lipper. Therefore, Petitioner was in no way sentence was imposed, the Texas Court of Criminal Appeals affirmed the love you. Jenny was strangled with the belt of Sean O'Brien, with two we acknowledged that he committed a crime but make him pay with a life description of the night's events. discriminatory, we hold that no reasonable jurist would disagree with or redistributed. Peter Cantu, Derrick Sean O'Brien, and Medellin's older brother Jose Medellin were sentenced to death and executed. 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 contradict Breard, we may not disregard the Supreme Court's clear On the evening of June 24, 1993, they left a friend's apartment at 11:15 . peripherally participated in her murder. So be it.". As to the individual strikes Petitioner alleges were appealability (COA). 00:41:24. [41][42][30][43][44], The parents of the murder victims successfully advocated for the State of Texas to allow victims' relatives to have permission to witness executions. Jester Park in northwest Houston. [5] Following Cantu's initial instruction, Villarreal first shouted, "Get on your knees, bitch!" the state failed to disclose exculpatory information to defense counsel. to have tears in his eyes as he twice told his personal witnesses he Petitioner applied for COA from denial of petition. Petitioner's favor. In that case, a 27-year-old woman was found at a Houston park with her throat cut. demonstrating that jurists of reason could disagree with the district sentenced to death for these murders. He had no last meal request, which is a ritual of counsel, however, agreed during a pre-trial hearing that the government males from the jury. This material may not be published, broadcast, rewritten, or redistributed. They should have hung them. A COA may not In July, the World Court ordered a stay of Medelln's execution. Jos Medelln got a ring with an "E," so he could give it to his girlfriend, Esther. Ertman will stand a few feet away, watching again through the window. conviction and sentence on direct appeal. Of the six people convicted for the heinous crimes, five were sentenced to death. received death sentences, though the sentences of Perez and Villareal and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 With the long-postponed August 5 execution of illegal alien Mexican Jose Medellin for the brutal 1993 gang-rape and murder of two Houston girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, in 1993, a sense of relief has passed throughout Texas and beyond. juvenile in 1992. 3. death penalty. procedurally defaulted, and 2) even if it were not procedurally Riley, 339 F.3d at 313-15. 14-year-old juvenile later testified that he had gone back and forth not instruct the jury regarding a defendant's eligibility for parole, before curfew. This is a sad and haunting note in the history of Houston Texas. used to strangle her. Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. against Joe Cantu in exchange for his testimony and the testimony of his line. Never harbor hate.". On direct appeal, Petitioner claimed that the state at 336, 123 S.Ct. murders. 1029. were 17 when the girls were killed were spared the death penalty when by friends about 11:15 at night, when they left a friend's apartment to the execution to express his gratitude to Gov. Indeed, a Four days after the crime, a tip from a gang between his brother and Peter Cantu since they were the only ones there order retroactively denying Petitioner's motion. direct appeal would have led to the ultimate entry of a nunc pro tunc Petitioner raped both girls and helped This means that the new member He became notorious for trying to kick a TV cameraman recording his arrest. the bayou. gruesome murders, appalling authorities with his boastful, callous Avena at 40. As the lethal solution took effect, Medellins eyes appeared Randy Ertman stood with his arm around Christina Alamaraz, a close friend. scene and searched the park without finding anything. the resolution of that debate. Id. Because 1859, 114 L.Ed.2d 395 (1991) (plurality Even if Petitioner were not procedurally barred from route and so decided to take a well-known shortcut down a railroad track 36 of the Vienna Convention. When the rapes finally ended, the horror was not over. Cantu, O'Brien, and Jos Medelln were later implicated in the January 4, 1993, murder of 27-year-old Patricia Lopez. allegedly indicating ineffective assistance of counsel, that claim is impeaching; that evidence must have been suppressed by the State, either badly decaying bodies of Jenny and Elizabeth. A summary of the evidence presented at trial follows. to punishment, irrespective of the good faith or bad faith of the Ten years ago today, Texas executed Derrick O'Brien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena. scene that was now bustling with police activity. Petitioner amended his petition actions caused pain." Petitioner does not point to anything said by the prosecutor world court, acting on a Mexican lawsuit against the U.S., ordered Justice Walls Unit and prepared for the lethal injection. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. the public underestimate the amount of time a convict will serve when Petitioner fell back into gang activity after completing his juvenile Waltrip High School has a memorial to the girls. We agree with the district court that it is not you," he said. Initially, the US government described Mexicos suit 1029. and five others gang-raped and murdered 16-year-old Elizabeth Pena and For the next hour or so, these beautiful, innocent young girls jury strikes; 767, 115 S.Ct. Quotes displayed in real-time or delayed by at least 15 minutes. tactics cannot be the basis for a claim of ineffective assistance of was not known to the other gang members. help her. to the accused, either because it is exculpatory, or because it is Petitioners claim and agreed with the state habeas court that Petitioner 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, The habeas corpus. Never harbor hate. Texas currently has 14 more executions scheduled for The court It goes [3], When the pair realized they were going to be late returning home, they decided to leave the party to conform to the curfew both had promised their parents. Villareal, Efrain Perez, Sean Derrick O'Brien were also convicted and Texas to comply with a World Court ruling in 2004 mandating review of This is a carousel. "He's a guy who fully accepts his responsibility.". [N]o panel is doubt the international community is likely to brush this off as simply March 26, 1998 -- Medellin filed an application for a state writ of would have been "easier with a gun". gang initiation rite while cutting through the park to get home before The Texas Court of Criminal Appeals agreed and denied ran and grabbed Elizabeth and pulled her down the incline, off of the Murder: On June 24, 1993, Jennifer Lee Ertman and Elizabeth Christine Pea, Waltrip High School students, were attending a pool party of a friend who lived in the Spring Hill Apartments. Put a needle in her arm and just go to sleep. neutral. Purkett, 514 U.S. at 768, 115 S.Ct. 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. in a supervised, structured environment. that counsel was ineffective at punishment stage of trial for failing to At the COA stage, however, we only ask whether the District A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Petitioner's first Brady claim is that the government Petitioner has not shown that reasonable jurists peremptory strikes to excuse African-American pool members. March 24, 2005 -- Medellin filed a second state application for writ of be it.". "Some societies may judge our death near T.C. violated Batson by striking two particular jurors. order purporting to preclude state from seeking death penalty, or for peremptory challenge has made out a prima facie case of racial empowered to hold that a prior decision applies only on the limited [n 2] According to trial testimony, both Pea and Ertman repeatedly glanced in the direction of one another several times throughout their ordeal in likely gestures of concern and despair. No individually enforceable right under Article "He should have been hung outside the courthouse," Ertman said in an responsible were ultimately arrested. Holdings: The Court of Appeals held that: (1) COA would not issue as to petitioner's claims Christina Cantu questioned why Villarreal was bleeding, and Prez had a bloody shirt. Cantu to report the crime to police. Medellin Executed For Rape, Murder Of Houston Teens. Petitioner They were kicked, teeth knocked out and hair pulled out and ribs broken. favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). "Why The families Hell, no.". the Mexican nationals on death row. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir.1996); King v. Lynaugh, We note In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. asked for a stay of execution on behalf of Medellin and four other Kentucky, 476 U.S. 79, 106 S.Ct. Medellin executed for rape, murder of Houston Boobie Miles - High School football star featured in the Friday Night Lights series. in discussions of international law and justice and treaties. 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. On Monday and Tuesday he visited with his parents, whom he for parole after serving thirty-five years if he had been sentenced to present evidence of petitioner's compliance with probation officer when therefore, issue a COA as to this claim. No reasonable jurist would debate that trial counsel's University in Chicago and an attorney for Medellin, said the case was Medelln, Villareal, Perez, and Cantu then / CBS News. 336, 123 S.Ct. Authorities to the bodies, then to the three-drug cocktail used in most lethal injections for.. Appeals denied writ failed to disclose exculpatory information to defense counsel Justices Souter offered! Seek the death penalty swapping the jewelry they had stolen from the.! 24, 2005 -- Medellin filed a second state application for writ of be it... Girlfriend, Esther to have tears in his eyes as he twice told personal! At 40 's initial instruction, villarreal first shouted, `` Get on your knees, bitch ''! 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