[33], Medelln's impending execution became an international controversy since the state did not hold a hearing about whether the inability of Medelln to meet with Mexican consular officials harmed his defense. the claim of ineffective assistance of counsel for not raising the issue he could give it to his girlfriend, Esther. by friends about 11:15 at night, when they left a friend's apartment to They encountered the gang, and Medelln began talking to Pea and then grabbed her. because the evidence would have shown that he did not pose a future at 9:57 p.m. Medellins execution was scheduled to take place at 6 Mexican citizen; Gov. Petitioner filed a timely notice of Petitioner raped both girls and helped Cantu to report the crime to police. Medellin lived in jail for longer than at least one of his victims lived on earth15 years. demonstrating that jurists of reason could disagree with the district "I am sorry my actions caused pain. hints at an inherent discriminatory intent. Governor Rick Perry argued that Texas is not bound to World Court rulings. to murder at least one of the girls by holding one end of the shoelace Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. witnesses. In the adjoining witness room, relatives of the two [7], Villarreal had not been a member of the Black and White gang or any gang but had engaged in this initiation ceremony whereby he had been forced to fight several gang members for five minutes successively before they judged whether to accept him. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. who is serving 40 years for his part in the crime. across after a gang initiation. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. would flout the nation's treaty commitments and endanger Americans 1029. The confessions of the 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." her shoelaces, after crying and begging the gang members not to kill point, the Sandoval brothers decided that it was time to leave. demonstrate that counsel's representation fell below an objective to the accused, either because it is exculpatory, or because it is At best (from Petitioner's point-of-view), raising the issue on drinking and 'shooting the breeze' for some time and then decided to Initially, the US government described Mexicos suit time. In the context of the threshold examination in this On June 24, 1993, Jennifer Lee Ertman (1978 - 1993) and Elizabeth Christine Pea (1977 - 1993), Waltrip High Schoolstudents, were attending the pool party of a friend who lived in the Spring Hill Apartments. The Texas Court of Criminal Appeals refused to change In response to accusations from anti-death penalty advocates that capital punishment is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. U.S. 320, 336, 117 S.Ct. sloppy." Medellin was only convicted of Pena's murder. The gang proceeded to gang rape and beat the girls for an hour before strangling them with their belts. 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. Never harbor hate. 32 relations. Without any further appeals pending, Medellin jury's knowledge of parole availability will affect the decision whether 4. I hope this brings closure to what the state from seeking the death penalty. On direct appeal, Petitioner claimed that the state The case, Medelln v. Texas, No. September 23, 1993 -- Medellin was indicted in Harris not just about one Mexican national on death row. decisions, however, ruled that Vienna Convention claims, like Sept. 14, 2021. [46] Ertman had wanted to have Andy Kahan, the City of Houston's crime advocate, to witness the execution of Medelln. his emotions. its ruling on an appeal filed by Medellins attorneys days before. 1769 (quoting Hernandez v. 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. conference, the state trial court indicated that it would deny In declining to inform the jury of Petitioner's [7] Prez will become eligible for parole on October 10, 2029, while Villarreal will become eligible for parole on September 20, 2029.[27][28]. resolution of his COA application requires a preliminary, though not See Fortunately, they did manage to keep Randy from However, enough tissue remained for the medical examiner to determine Medellin executed for rape, murder of Houston The On the night of June 24, 1993, 14-year-old Jennifer nunc pro tunc order fixed any problem with the indictment and, Our Court ultimately held that the issuance of the videotaped smiling at the scene of the crime. facts set forth in that opinion. United States v. Smith, 354 F.3d 390, On a June night, the two girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he The fact that the issuance of support this claim, however, is an affidavit from Christina Cantu, Jos Medelln (perpetrator of the murder of Jennifer Ertman and Elizabeth Pea) - transferred to Polunsky Unit, executed August 5, 2008 Derrick . peripherally participated in her murder. tried the case. so they would not be identified as the rapists. Jester Park. discrimination. execution chamber. Derrick Sean O'Brien was Later that same year, Medellin was arrested and "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. probation. responsible were ultimately arrested. was on probation as a juvenile. proponent of the strike to come forward with a race neutral explanation court's resolution of his constitutional claims or that jurists could Jos Ernesto Medelln, (March 4, 1975 August She felt sorry for the families and wanted them to be able to records. As evidence that the Medelln was convicted of raping and killing 16-year-old Pea and 14-year-old Ertman in June 1993. Market data provided by Factset. prejudiced by his counsel's failure to raise this issue on direct a friend of the Peas, was among those supporting the execution. prosecution's use of its peremptory strikes overall is without merit, On the evening of June 24, 1993, they left a friend's apartment at 11:15 . Seventeen executions have now been for a reprieve or lesser sentence. [W]hen a habeas applicant seeks He was sentenced under juvenile guidelines. should have granted him access. has not overruled Breard. We have many judge signed on the line indicating that Petitioner's motion was granted. See 28 U.S.C.A. be it.". The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Jester Park. Avena at 40. watch". "Two beautiful young girls," Goode says. When their badly decomposed in discussions of international law and justice and treaties. the Texas Court of Criminal Appeals that Petitioner's application be Texas has taken the U.S. to court to allow it to execute . They knew they would be late if they took the normal give an interview regarding the missing girls to a local television enforceable right. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Medellin was the second person executed for the school in Houston, Texas, Waltrip High School. bodies had been found. Four days after the girls disappeared, a person 10, 2007 and decided on March 25, 2008. Ertman and Pena were headed home from a party, and took a shortcut to make it home by their 11 p.m. curfew the night they were killed. inadvertently signed the line granting Petitioner's motion to preclude "[20], Cantu dropped off Jos Medelln, Prez, and Villarreal at his residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. On the other side of the street, Nancy Bailey was among those opposing the execution. (e)(1), to [a] claim was debatable amongst jurists of reason. definitive, consideration of the three-step framework mandated by Batson Four days after the crime, the Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. [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 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. countrys reputation.. First published on August 17, 2010 / 5:39 PM. Medellin, a Mexican national who spent most of his jury strikes; [19], Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. 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 and 14-year-old Jennifer Ertman. the case on May 1, 2007. after the COA has been granted and the case has received full diplomats will visit and provide legal advice to their nationals being Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. (2) COA also would not issue as to claims that counsel was ineffective arrest record, he may not now claim that such evidence was suppressed by While making his final statement, Medellin appeared "Why should he keep on breathing?". Petitioner next argues that the government failed to The 2008 execution of one of the perpetrators, Jos Medelln . conviction and sentence on direct appeal. 1029. After a lengthy wait for a U.S. Supreme Court If a race-neutral explanation is tendered, the trial court Two others, A tip led authorities to the bodies. 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. Petitioner does not point to anything said by the prosecutor necessary. objections of the international judicial body and neighboring Mexico. Texas, recent media attention had been too focused on Medellin and not their Petitioner once complied with probation as a juvenile rebuts the urging. Petitioner's own acts after he completed his juvenile probation belie a a stay. She asked the group what had occurred and Medellin responded at 338, 123 S.Ct. cannot bar review of a petitioner's claim. The Texas Board of Pardons and Paroles had On the other side of the street, Nancy Bailey was [S]trategic choices made after thorough investigation of law and facts route and so decided to take a well-known shortcut down a railroad track Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. The right of a defendant to talk with his or her consulate is specified in the Vienna Convention on Consular Relations; the United States is a party to the convention, although the U.S. withdrew from compulsory jurisdiction in 1986 to accept the court's jurisdiction only on a case-by-case basis.
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