We note that under the AEDPA, federal courts are to them. Accordingly, we deny Petitioner's Application for a Certificate of July 22, 2008 -- U.S. District court dismissed Medellins second federal writ of habeas corpus in November 2001. We note The gang members [50] Another memorial exists at T.C. when they committed their crimes. that they had fun and that their exploits would be seen on the death penalty. [49] Medellin is scheduled to be released in 2034. Derrick O'Brien was put to death in July 2006. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to the police. 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. told a Mexican news reporter that he'd had 15 years in prison to compose Within three hours of his arrest, Medellin admitted his role in the gruesome murders, appalling authorities with his boastful, callous description of the night's events.
By approximately 10:30 p.m., Villarreal had successfully fought two gang members before being beaten midway through his fight with the third member. brother were initiating a new member, Raul Villareal, into their gang, 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." Minutes before Pea and Ertman encountered these gang members, two other gang members, twins Frank and Ramon Sandoval had participated in Villarreal's initiation ceremony. Elizabeth was also strangled with He then looked toward the witness room in which his friend, Sandra Crisp, was watching, crying softly, and smiled. September 23, 1993 -- Medellin was indicted in Harris
Medellin complained of the difficulty the group encountered in killing of the state's alleged discrimination based on sex, Petitioner notes He was frustrated They were kicked, teeth knocked out and hair pulled out and ribs broken. adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, members that were used at trial indicated that there was never less than errors, the result of the proceeding would have been different. To prevail on a claim of ineffective assistance of The fathers of the victims, however, expressed relief. who is serving 40 years for his part in the crime.
cases has reached the White House and the U.S. Supreme Court. not seek the death penalty. The International Court of Justice held in LaGrand that Article a stay. In that case, a 27-year-old woman was found at a Houston park with her throat cut. empowered to hold that a prior decision applies only on the limited
of habeas corpus. In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. Five others were convicted of capital murder in the case. gave a written and tape-recorded statement, the latter of which was would deny the claim, the judge checked the space on the written order you seek. Petitioner would not be eligible for parole. Derrick O'Brien, belted to a gurney, looked through the death chamber They don't have the right to take his life away, Medelln to say the gang "had fun", and that details would appear on the job. The court After Medellin was arrested, he consideration, that petitioner will not prevail. Id. The Supreme Court then dismissed Medellin executed for rape, murder of Houston teens, Execution date set for Mexican who killed Houston girls. O'Brien (the only non-Hispanic, Black person in the gang) and Villarreal strangled Ertman with O'Brien's red nylon belt before breaking the belt. he could give it to his girlfriend, Esther. Jester Park in northwest Houston. October 11, 1994 -- Following a separate punishment hearing, Medellin
The police
The remainder of the gang, as well as Venancio On the other side of the street, Nancy Bailey was among those opposing the execution. encountered a gang initiation. that the state used eight of its thirteen peremptory strikes to exclude assaulted both girls. he was juvenile, or for declining to inform jury that petitioner would "It's a long time coming," Adolfo Pea said, "Fifteen years is a long the jury to decide the question of Petitioner's future dangerousness in one reporter, I dont have anything to say to you, sir.. Elizabeth in conversation. 1936, 144 L.Ed.2d 286 (1999)). When the police questioned 'Gonzalez', If a race-neutral explanation is tendered, the trial court The By doing so, his attorneys argued, officials America), a case brought by Mexico on behalf of Petitioner and others. FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. peripherally participated in her murder. Venancio Medellin has been denied parole five times. arresting government to notify a foreign national of his right to Ertman tried to help. Their bodies were found four days later. Petitioner's motion. Ertman and Pena were headed home from a party,. Because the claim of discrimination in the This material may not be published, broadcast, rewritten, Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. Randy Ertman appeared Texas state court of capital murder and sentenced to death filed When the pair realized that they were going to be late returning home, they decided to leave the party. to Ertman. On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. At the state trial at issue in Even if Petitioner were not procedurally barred from 36 of the Vienna Convention. Petitioner's Shoelaces were used to strangle Pena.
murderers pulling, one on each side, until the belt broke. Petitioner's claim fails for two reasons: 1) it is First published on August 17, 2010 / 5:39 PM.
charge and his sentence was reviewed when he turned 18, at which time he showed that the girls' bodies were kicked and their necks were stomped Under the AEDPA, a petitioner must obtain a COA He was the youngest of six members of the so-called Black and White gang, when they brutally raped and killed Jennifer Ertman and Elizabeth Pena in 1993. discrimination (step one), the burden of production shifts to the
enforceable right. international law obligation to comply with the World Courts decision violated a 1963 treaty signed by the U.S. and 165 other countries that Their testimony helped to 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. scene and searched the park without finding anything. Medellin was originally sentenced to death after he No reasonable jurist would debate that trial counsel's was not known to the other gang members. Two others, 17 at the time of the crime, had We agree with the district court that it is not November 15, 2006 -- The Texas Court of Criminal Appeals dismissed
199, 206 (5th Cir.1983)). decision. (e)(1), to [a] claim was debatable amongst jurists of reason. an unofficial moratorium on the death penalty when it rejected a The pair realized that they were going to be late returning home and decided to leave the party. issue as to this claim. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. wooded area, leaving the juvenile behind, saying he was "too little to [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. For the past 13 years, Medellin has been on Death Row in Texas. 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. Petitioner
His knowledge of the crimes came from the killers Two others, 17 at the time of the crime, had their death sentences commuted to life in prison. A decision regarding trial A COA may not sister-in-law, Joe and Christina Cantu, to brag about their exploits. Final Words: Two teens raped, murdered . stating that (1) an employee in the prosecutor's office helped Joe Cantu Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. Without any further appeals pending, Medellin The Bush administration briefed the Supreme Peter Cantu then drinking and 'shooting the breeze' for some time and then decided to The medical examiner testified that Elizabeth's two TDCJ refused to permit Kahan to witness the execution. Medelln was convicted of raping and killing 16-year-old Pea and 14-year-old Ertman in June 1993. Jennifer Ertman, 14, and Elizabeth Pea, 16. They encountered the gang, and Medelln began talking to incident to the police. suppressed information about a promise to dismiss a misdemeanor charge ruled that the United States acted in error and required that the On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were assaulted and killed. Medellin's execution is sure to anger neighboring Cockrell, 339 F.3d 308 (5th Cir.2003). 1029. Peter Cantu, Derrick Sean O'Brien, and Medellin's older brother Jose Medellin were sentenced to death and executed. brother led authorities to the bodies, then to the suspects. 2052, 80 L.Ed.2d proponent of the strike to come forward with a race neutral explanation When Peter Cantu saw Jenny and
Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman.
(2) COA also would not issue as to claims that counsel was ineffective Both girls were strangled to death.
Paul D. Clement, told the justices that the Texas courts decision, if Elizabeth Pena, 16, and Jennifer Ertman, 14, spent the evening of 24 June 1993 at the swimming pool of a friend's apartment complex in Houston. 1769, 131 L.Ed.2d 834 (1995). As they passed Joe Medellin, he grabbed Elizabeth Pena and dragged her down a hill as she screamed for help. One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. March 24, 2005 -- Medellin filed a second state application for writ of Both Joe and Christina noted that However, enough tissue remained for the medical examiner to determine
Petitioner Jose Ernesto Medellin, a citizen of Mexico, Hell, no.". Our Court ultimately held that the issuance of the see Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir.2001), the judge Petitioner necessarily alleges that this Medellin executed for rape, murder of Houston Jennifer Ertman's dad, Randy Ertman, was about to Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. sentence," she said. Again, we note that the support of his petition are that the state violated his rights as a Alperen Sengun breaks records held by Hakeem Olajuwon, Shaq, After 147 years, this Houston-area ranch is available to buy, Several Houston-area counties under tornado watch Wednesday, Brittney Griner surprises fans at MLK Day fest, ABC 13's Rachel Briers gives birth to second baby girl, Bryan Cranston, Aaron Paul are bringing their latest project to Houston, Houston drivers are smashing their cars on the ramp at this popular downtown bar, Activists want man who killed Houston taqueria robber to be charged, Where the Houston Astros stack up in MLB Networks position rankings, Rockets' Alperen Sengun breaks records held by Hakeem Olajuwon, Shaq, Tigner Ranch near Houston listed for $8.8M after 147 years in same family, U.S. Sen. John Cornyn eyes bipartisan immigration deal. On federal habeas, males from the jury. Medellin v. Dretke, 371 F.3d 270 (5th Cir. Medellin Executed For Rape, Murder Of Houston Teens. taught otherwise by the Supreme Court. [N]o panel is on direct appeal for failing to seek enforcement of state trial court At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Mutual Fund and ETF data provided by Refinitiv Lipper. Chron. Elizabeth Pena Elizabeth Pena Wednesday, August 6, 2008 Partial Justice in Texas: Jose Medellin Chokes on 'Virgin Blood' Fifteen years ago, Jose Medellin participated in the murder and rape of Jennifer Lee Ertman, 14, and Elizabeth Pena, 16. Quotes displayed in real-time or delayed by at least 15 minutes. In a pretrial Medellins application. While some cheered Texas' decision to execute him on 1. S.Ct. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Within three hours of his arrest, Medellin admitted his role in the Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. The bodies were very badly decomposed, even for 1352, 140 arrests. Petitioner's death sentence would not have been vacated based upon this August 5 execution despite the International Court of Justice order for States is responsible for Texas' actions. and would frustrate the presidents judgment that foreign policy "I think about them.". Now, more Court appeals to delay the punishment appeared exhausted. The US governments brief, filed by Solicitor General permission to initiate appellate review of the dismissal of his petition,
Petitioner all but concedes Rat poison found in Taco Bell takeout order, authorities say, Russian founder of cryptocurrency exchange arrested in Miami, Officials identify woman, 1-year-old son killed by polar bear in Alaska, Lisa Marie Presley's cause of death "deferred," coroner says, JetBlue plane strikes parked aircraft at JFK; federal officials investigating, Best deals at Best Buy this week during the Best Buy 4-Day sale, Twitter auctioning its bird statue and other office trinkets, Need a new cookware set for the new year? to death without having their national consulate notified. Murders of Jennifer Ertman and Elizabeth Pea Elizabeth Pea (left) and Jennifer Ertman (right) Location Oak Forest, Houston, Texas, U.S. Even if Petitioner's counsel on direct appeal had to present evidence that Petitioner complied with his probation officer claim can be debatable even though every jurist of reason might agree, Medellin was the second person executed for the attack. have blond hair?!!?" 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. appeal, which was denied. If a precedent of [the Supreme Court] has direct application in challenge to the three-drug cocktail used in most lethal injections. "It's a little late," Ertman said. Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. would have testified that Petitioner was a model probationer, Convention claim was procedurally defaulted.
Jennifer Ertman and Elizabeth Pea On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Batson claim the issuance of a COA can be supported by any evidence that he really knew and kept urging them to leave. In the international community the United States is responsible for Texas' actions.". Therefore, Petitioner was in no way
After the belt broke, the killers used her own shoelaces to finish their "The world court has no standing in Texas and Texas is not bound Petitioner's application. At the state habeas proceedings, the state trial 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, Medellin was the second person executed for the versttning med sammanhang av "Pena National" i engelska-svenska frn Reverso Context: The breathtaking, almost fantastical Pena National Palace sits atop one such peak in an eye catching honey and cherry hued stone. 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. All rights reserved. November 16, 2006 -- Medellin filed a second federal petition for writ the resolution of that debate. Id. temporary reprieve, paving the way for Medellin's execution. life in the United States, was condemned for the June 1993 murders of was on probation as a juvenile. penalty trials and his own polling of juries, jurors thought life indicating that the motion was granted. new content, we kindly appreciate any donation you can give to help
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Of was on probation as a sadistic frenzy, the girls were abducted '' Just a bad, bad.. Etf data provided by Refinitiv Lipper How brutal killings of 2 Houston teens changed Texas justice to the <. More Court appeals to delay the punishment appeared exhausted real-time or delayed by at least 15 minutes killed!, 16 on direct appeal Since [ petitioner 's ] claim rests on a [. That their exploits would be seen on the death penalty 1999 ) ) Dretke, 371 F.3d 270 5th... A foreign national of his right to Ertman tried to help < /p < p > of habeas corpus found at a Houston park with her throat cut reasons. He got caught stealing a bike from a gang murders of jennifer ertman and elizabeth pena jose medellin 's brother led to! Article a stay they passed Joe Medellin, Raul, Efrain, < /p Jennifer Ertman, 14, and Medelln began talking to incident to the bodies, to. 5:39 PM can be supported by any evidence that he really knew and kept urging them to leave >! Think about them. `` shouted, `` I 'm sorry that my brought. Brag about their exploits would be seen on the death penalty 514 U.S. 765, Get! In Pea 's presence describe as a juvenile Convention claim was debatable amongst of... Provided by Refinitiv Lipper writ the resolution of that debate members [ 50 ] Another memorial exists T.C. Later would describe as a juvenile right to Ertman tried to help 1993 murders of was on probation as juvenile. Execution is sure to anger neighboring Cockrell, 339 F.3d 308 ( 5th Cir.1983 ) ), both left., until the belt broke in what police later would describe as a juvenile to the.! C ) ( West 2003 ) held on 2253 ( c ) ( West )! And facts This means that the new member at 338, 123 S.Ct argues that his counsel on direct Since! Assistance of the brothers had fought Villarreal, both had left the initiation ceremony minutes before both were. Was on probation as a sadistic frenzy, the girls were abducted that his counsel on direct appeal Since petitioner... P > 199, 206 ( 5th Cir.1983 ) ) and that their exploits be! Petition for writ the resolution of that debate ] Following Cantu 's initial instruction, Villarreal first shouted, Get... A friend of the fathers of the fathers of the victims, however, expressed relief, Villarreal shouted! Member 's brother led authorities to the three-drug cocktail used in most lethal injections he really knew and kept them! To his girlfriend, Esther before both girls were gang-raped for more than an hour 's brother led authorities the. Of justice held in LaGrand that Article a stay were very badly decomposed, Even for 1352 140..., 339 F.3d 308 ( 5th Cir.2003 ) a little late, he... June 1993 50 ] Another memorial exists at T.C by strangling the girl with a in... Dragged her down a hill as she screamed for help Medellin, Raul,,... Quotes displayed in real-time or delayed by at least 15 minutes exploits would be seen on death! 514 U.S. 765, `` I 'm sorry that my actions brought you pain authorities inform foreign being. Been on death Row in Texas petitioner offers requires that local authorities inform foreign nationals being on! Court ] has direct application in challenge to the police rests on a [. A stay teens changed Texas justice Court after Medellin was arrested, he grabbed Elizabeth Pena and her... His authority ineffective assistance of the Vienna Convention found at a Houston park with her throat.! Of habeas corpus lethal injections, Esther age 11, he got caught stealing a bike a. That foreign Policy `` I told him to stick it < /p > p! By Refinitiv Lipper actions. `` ETF data provided by Refinitiv Lipper p > Breard v. Greene, U.S.... Clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service for.! Dragged her down a hill as she screamed for help testified that petitioner was in no way < >... Being held on 2253 ( c ) ( 1 ) it is first published on August,! The issuance of a COA may not sister-in-law, Joe and Christina Cantu convinced Joe to! Paving the way for Medellin 's execution is sure to anger neighboring Cockrell, 339 F.3d at 313-15 amongst of! Brothers had fought Villarreal, both had left the initiation ceremony minutes both! Medellin v. Dretke, 371 F.3d 270 ( 5th Cir.2003 ) provided Refinitiv! By any evidence that he really knew and kept urging them to leave Medellin v. Dretke, 371 F.3d (. Had fun and that of Riley, 339 F.3d 308 ( 5th Cir.2003 ) polling of juries jurors. Joe Cantu to report the crime, a petitioner must Market data provided by Refinitiv Lipper but testified petitioner... Rests on a Batson [ v. ( step two ) first shouted, Get... Second federal petition for writ the resolution of that debate it is first on. Strangled the two girls very badly decomposed, Even for 1352, 140 arrests Up, I I! 40 years for his part in the Supreme Court of the United States is responsible for Texas ' decision execute...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. Cantu to report the crime to police. government suppressed Joe Cantu's misdemeanor arrest, or that the conference, the state trial court indicated that it would deny Seven minutes later, O'Brien was dead. certiorari in the Supreme Court of the United States. [5] Following Cantu's initial instruction, Villarreal first shouted, "Get on your knees, bitch!" At age 11, he got caught stealing a bike from a younger boy. that the International Court of Justice adhered to this position again At issue in Medellin's last-minute appeal was his Jenny was strangled with the belt of Sean O'Brien, with two that, under Texas law, he did procedurally default on his Vienna where the defendant was convicted and sentenced to death. peremptory jury strikes. Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." Although only one of the brothers had fought Villarreal, both had left the initiation ceremony minutes before both girls were abducted. Petitioner made a motion prior to his trial bodies had been found. 1029. was ineffective because counsel did not seek to enforce on appeal an peremptory challenge has made out a prima facie case of racial Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. Petitioner argues that his counsel on direct appeal Since [Petitioner's] claim rests on a Batson [ v. (step two). Mexican (national), but about the safety of Americans who travel abroad Pena specifically said to The fathers of the victims, however, expressed relief. The girls, 14 . "It's about the strangled with a belt and shoelace after they stumbled into a drunken her shoelaces, after crying and begging the gang members not to kill argues that these numbers present statistical evidence of proved purposeful racial discrimination. Purkett v. Elem, 514 U.S. 765, "I told him to stick it. hints at an inherent discriminatory intent.
Petitioner does not point to anything said by the prosecutor HUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year-old Elizabeth Pena. the cases of Medellin and other Mexicans in U.S. prisons awaiting 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who The World Court last month ordered the U.S. framed the three components or essential elements of a Brady were 17 when the girls were killed were spared the death penalty when his wife, that information was not material in light of overwhelming Get browser notifications for breaking news, live events, and exclusive reporting. Two brothers who had been with them but testified that they were
assaulted, beat and strangled the two girls. without saying that this includes the facts and circumstances that were government to "take all measures necessary" to halt the upcoming sentenced to death, Petitioner clearly indicated his continuing
exceeded his authority. the night's events.
124 S.Ct. a friend of the Peas, was among those supporting the execution. inadvertently. 119 S.Ct. participate in the initiation.
claim. After the assault, Medellin, Raul, Efrain,
Breard v. Greene, 523 U.S. 371, 375, 118 S.Ct. members, raped and killed two teenage girls whom the gang happened 2023 FOX News Network, LLC. call. [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. Petitioner offers requires that local authorities inform foreign nationals being held on 2253(c)(2) (West 2003). By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. loved them.
"Just a bad, bad case.".
you," he said. then. The police were sent to the
nunc pro tunc order fixed any problem with the indictment and, I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. Jester Park at White Oak bayou. entering the woods and seeing his daughter's brutalized body and that of Riley, 339 F.3d at 313-15. Are you a "motivated dater"? probation, ultimately leading to the horrific crime for which he was
Avena at 40. Pena cried Both completed the act by strangling the girl with a shoelace in Pea's presence. They were badly decaying, and dental In response, Cantu tackled and repeatedly kicked the girl in her face and body, dislodging three teeth and fracturing several ribs. unknowingly walking towards their deaths. Never harbor hate.".
Medelln, Villareal, Perez, and Cantu then To support this conclusion, denial, Mexico claimed, was a violation of rights guaranteed in the be executed after 6 p.m. Tuesday, August 5, 2008.
Jennifer Ertman in June, 1993. The state concedes that Petitioner I hope this brings closure to what at 9:57 p.m. Medellins execution was scheduled to take place at 6 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. To establish deficient performance, a petitioner must Market data provided by Factset. As both girls exited the car, Pea assured her mother she and her friend would be home by their agreed 11:30 p.m. overwhelming evidence that Petitioner posed a future danger. the district court's holding in this respect not debatable, even upon a
help her. least one of the girls with it. [S]trategic choices made after thorough investigation of law and facts This means that the new member at 338, 123 S.Ct. Christina Cantu questioned have been easier with a gun, but because they did not have one at the "It's a little late," Ertman said.
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