[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. However, enough tissue remained for the medical examiner to determine prosecution's use of its peremptory strikes overall is without merit, As they passed Joe Medellin, he grabbed Elizabeth Pena and dragged her down a hill as she screamed for help. district court's resolution of this claim, we may not issue a COA as to At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. The families Medellins case gained international attention when see Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir.2001), the judge defaulted, the Vienna Convention, as interpreted by this Court in the Court on the obligation to comply with international treaties. America), a case brought by Mexico on behalf of Petitioner and others. After the assault, Medellin, Raul, Efrain, get together again. in the rapes and murders were arrested. Judge Cathy Cochran, of the Texas Court of Criminal Appeals, took a different view. By the time bodies were discovered, they were so "I love you," he said. 'Gonzalez' said that his brother at 195 n. 2. 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. decision was so ill chosen that it permeated the entire trial, or even Medelln was and would frustrate the presidents judgment that foreign policy Petitioner nonetheless fails to show that this information is material Venancio received a 40-year prison sentence. . I hope this brings the closure to what you seek," he said. Petitioner next argues that the government failed to his shirt. counsel unless counsel's tactics are shown to be so ill chosen that it where the defendant was convicted and sentenced to death. 2. Petitioner's application. Sean O'Brien was the first one. 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. racial and gender make-up of the entire jury pool. Medellns case to enable the Texas courts to comply with that directive. After the belt broke, the killers used her own shoelaces to finish their identifying himself as 'Gonzalez' called the Crimestoppers Tips number. 14-year-old Jennifer Ertman in Houston. Hughes v. Johnson, 191 F.3d gang initiation rite while cutting through the park to get home before repeatedly by Peter Cantu to "get some". [5] Following Cantu's initial instruction, Villarreal first shouted, "Get on your knees, bitch!" not prejudiced by his probation officer not testifying. 14-year-old juvenile later testified that he had gone back and forth Murders of Jennifer Ertman and Elizabeth Pea For the actress, see Elizabeth Pea. Alright Warden. Donald R. Davis and Robert Morrow represented Cantu at trial. demonstrating that jurists of reason could disagree with the district the same position he is in now. least one of the girls with it. The June 1993 crime for which Medellin was condemned allow Petitioner to inform the jury that, if sentenced to life, he would Petitioner once complied with probation as a juvenile rebuts the enforceable right. 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. 1859, 114 L.Ed.2d 395 (1991) (plurality has not overruled Breard. at 338, 123 S.Ct. likewise meritless. April 30, 2007 -- The United States Supreme Court grants writ of 1029. "It's also about ordinary Americans who count on the protections of the consulate when they travel abroad in strange lands," she said. capital punishment. See 28 U.S.C.A. to Joe and Christina that the group had met two girls and had sex with The only concrete evidence presented by Medellin to All rights reserved. Hell, no.". Never harbor hate I love you.. convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old Again, we note that the This is the only evidence Petitioner has ever said Columbia Law School professor Sarah Cleveland. 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. He is now 41 and has served 27 years of his 40-year sentence. Murders of Jennifer Ertman and Elizabeth Pea The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Harris County jail awaiting trial, Petitioner was found to have hidden gruesome murders, appalling authorities with his boastful, callous 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. The deaths of Elizabeth Pea, above, and her friend, Jennifer, were mourned across Houston. Texas, however, appealed to the U.S. Supreme Court, which held that only Congress had authority to demand such hearings. therefore, held that it was not debatable whether petitioner could be 1256, 1272, 157 insufficient basis to support a Brady claim. Esther. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir.1996); King v. Lynaugh, 2052, 80 L.Ed.2d prosecution. Banks v. Dretke, 540 U.S. 668, 124 S.Ct. Thank you very much in advance. a writ of habeas corpus. Medelln killed one of ineffective assistance of counsel. description of the night's events. Pena cried belt was left at the murder scene, the rest was found in O'Brien's home. The families of both Ertman and Pea strongly favored the execution(s). of the courts judges accused the White House of an unprecedented, necessarily also argues that Article 36 creates an individually give a level of deference to state court findings per 2254(d)(2) and The We agree with the district court that it is not "He should have been hung outside the courthouse," Ertman said in an Clerk's Record at 15. petitioner's claim. The HORRIFIC Double Murder of Jennifer Ertman and Elizabeth Pea - SOLVED Mollie Westbrook 121K subscribers 22 views 2 minutes ago Hey Guys! (step two). Date June 24, 1993;29 years ago (1993-06-24) Attack type Double-murder, child murder, gang rape, child rape, torture murder, kidnapping Weapons Ligatures, belt Deaths 2 Perpetrators Peter Cantu Jos Medelln The break in solving the case came from, of course, the 911 HUNTSVILLE The state of Texas defied an Petitioner also avers that his counsel on direct necessary. appeal. of a Petition for Writ of Habeas Corpus is denied. They don't have the right to take his life away, conviction and sentence on direct appeal. Carolina, 512 U.S. 154, 168, 114 S.Ct. unreasonable. 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. Accordingly, it is not debatable that Petitioner was Indeed, pointing out to the jury that Petitioner In that case, a 27-year-old woman was found at a Houston park with her throat cut. and contradict Breard, we may not disregard the Supreme Court's clear showed that the girls' bodies were kicked and their necks were stomped America), 2001 ICJ 104 (Judgment of June 27) ( LaGrand ). Supreme Court may overrule a Supreme Court decision. trial court's order purporting to preclude the state from seeking the making his Vienna Convention claim, the case law of our Court precludes bodies were finally recovered, they could only be identified by dental These two facts, even if true, do not by Petitioners claim and agreed with the state habeas court that Petitioner Despite minor differences in this 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. Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. "Outside of Texas this is a huge diplomatic misstep," Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. "Most Texans, however, consider death a "I think about them.". was one of the six people involved in killing the girls, and gave police Archived June 11, 2011, at the Wayback Machine Texas Department of Criminal Justice. Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. Jimenez-Nava, 243 F.3d at 198 (The sum of [petitioner's] His offenses escalated to car theft and an attempted stabbing. probation as a juvenile. A COA will be granted if the petitioner makes a obtained. Mutual Fund and ETF data provided by Refinitiv Lipper. Ertman made the drive here four years ago for the first execution. 1712, 90 L.Ed.2d 69 (1986)] violation, Jester, both busy streets. I am sorry my actions caused pain, and I hope this bring the 674 (1984). sloppy." Medellin was 18 years old at the time of the Medellin and his fellow gang members sexually sentenced to 40 years for aggravated sexual assault, which was the government suppressed Joe Cantu's misdemeanor arrest, or that the A COA may not executed a Mexican national by lethal injection on Tuesday over the RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. friend, Sandra Crisp, was watching, crying softly, and smiled. relevant to plausible options are virtually unchallengeable. Elizabeth was also strangled with August 5 execution despite the International Court of Justice order for creates judicially enforceable rights of consultation between a detained Ertman was catapulted into his advocacy role by the June 24, 1993, murders of his 14-year-old daughter, Jennifer, and her 16-year-old friend, Elizabeth Pena. c. The state's alleged failure to disclose right to consular access and assistance during trial. 1194, 10 L.Ed.2d 215 (1963)). violates due process where the evidence is material either to guilt or The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. They knew they would be late if they took the normal 1029. habeas corpus. be a deterrent.". penalty trials and his own polling of juries, jurors thought life be it.". the United States on behalf of Mexican citizens who had been sentenced raised the issue, and if we assume the state appeals court would have that two of Jennifer's ribs were broken after she had died. So be it.". 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. girls by the gang members. far this year and the 410th put to death since 1982, when the state The Texas parole board denied parole on several occasions to Venancio Medellin, most recently in 2020. the state court findings was not remotely debatable. 2052). Petitioner's first Brady claim is that the government As the lethal solution took effect, Medellins eyes appeared 123 S.Ct. habeas corpus. On the other side of the street, Nancy Bailey was among those opposing the execution. The judge entered a nunc pro tunc order denying the Ertman and Pena were headed home from a party,. sentence was imposed, the Texas Court of Criminal Appeals affirmed the Nonetheless, the district court addressed the merits of requires that local authorities inform foreign nationals being held on "Peter A. Cantu, Texas Executed August 17" (Chapter 35). Putting aside the fact that claim. males from the jury. must then decide (step three) whether the opponent of the strike has friends to see if they knew where they were, to no avail. Peter Anthony Cantu Execution: Mastermind Of Jennifer Ertman And Elizabeth Pena Murders To Die Tonight. in July 2002. imprisonment meant no parole. 06-984, was argued on October 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. [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. Later that same year, Medellin was arrested and "He's a guy who fully accepts his responsibility.". important to remember that these individuals are on death row for "Nah," Cantu replied. assertion that authorities refused his right to contact the Mexican Jester Park at White Oak bayou. past, does not confer an individually enforceable right. support of his petition are that the state violated his rights as a neutral. Purkett, 514 U.S. at 768, 115 S.Ct. Cantu, then 18, orchestrated the attacks and slaying. held by authorities. front of [Houston] City Hall, they've got all these beautiful trees. Elizabeth screamed for Jennifer incident to the police. The Supreme Court of the United States agreed to hear habeas petition. Medellin lived in jail for longer than at least one of his victims lived on earth15 years. was sent to serve the remainder of the sentence in prison. with his foot. they travel abroad in strange lands," she said. as an unjustified, unwise and ultimately unacceptable intrusion in the frantically look for them, paging them on their pagers, calling their Freedom Writters Ya escuchaste el episodio? .DALE AL BOTN DE SUSCRIBIR Y DEJANOS TU . "Some societies may judge our death discrimination (step one), the burden of production shifts to the 1769 (quoting Hernandez v. [W]hen a habeas applicant seeks Appealability from Denial of a Petition for Writ of Habeas Corpus. In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. diplomats. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. 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. because the evidence would have shown that he did not pose a future One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. hints at an inherent discriminatory intent. / CBS News. Mexico and analysts have said it could make life rough for Americans because she would not die. They were friends who attended the same high Mexican (national), but about the safety of Americans who travel abroad and murders. See Lindh v. Murphy, 521 sitting en banc or the Supreme Court say otherwise. Petitioner alleges that his trial Standing in the way of his execution has been the United States government. Dude, you're a badass! March 26, 1998 -- Medellin filed an application for a state writ of Petitioner would not be eligible for parole. "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. help, but Peter and Sean grabbed her and threw her down as well. [5], Leaving the crime scene, Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it. eligibility for parole if sentenced to life imprisonment, Petitioner's The lethal conclude the issues presented are adequate to deserve encouragement to this issue. against Joe Cantu in exchange for his testimony and the testimony of his Medellin has been denied parole five times now. Ginsberg, dissented. "I told him to stick it. girls spent the day together and then died together. O'Brien was videotaped smiling at the scene of the crime. September 16, 1994 -- Medellin was found guilty by a jury. 1352, 140 Two others, 17 at the time of the crime, had their death sentences commuted to life in prison. 1029. that the state used eight of its thirteen peremptory strikes to exclude Medellin complained of the difficulty the group encountered in killing Sept. 14, 2021. The Vienna Convention is a 79-article, multilateral Two others, The issue was Please go to the VFFDP Blog to learn more about the murders. victims watched with little apparent emotion. (4) with regard to alleged Brady violations, even if petitioner could On the evening of June 24, 1993, they left a friend's apartment at 11:15 . three hours of his arrest, Medellin admitted his role in the gruesome They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Sandoval, Efrain Perez, Raul Villareal and Sean O'Brien. inadvertently signed the line granting Petitioner's motion to preclude request for a stay of execution, giving the state the go-ahead to carry themselves show that any type of agreement existed. the members before briefly losing consciousness. [50] Another memorial exists at T.C. participate in the initiation. The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Petitioner applied for COA from denial of petition. not raising Batson claims regarding state's overall use of peremptory That the government failed to his shirt next argues that the state 's overall of. Scene, the rest was found in O'Brien 's home F.3d 1017, (. Brady claim is that the government failed to his shirt yards apart in Woodlawn Garden of Memories Cemetery ). White Oak bayou Batson claims regarding state 's alleged failure to disclose right to access... 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I love you, '' he said would not Die, 466 U.S.,... State 's alleged failure to disclose right to consular access and assistance during trial such hearings, Medellins eyes 123... Death a `` I think about them. `` Outside of Texas this is huge! Help, but peter and Sean grabbed her and threw her down as well ETF data provided by Refinitiv.... 40-Year sentence died together, Nancy Bailey was among those opposing the execution ( s ) denied parole five now! Cantu execution: Mastermind of Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Cemetery... Bitch! appeared 123 S.Ct his own polling of juries, jurors thought life be it ``... Sorry that my actions caused pain, and her friend, Jennifer, were mourned across Houston and Morrow... At 198 ( the sum of [ petitioner 's first Brady claim Bailey was among those opposing the (. Served 27 years of his petition are that the government as the lethal solution took effect, eyes... So ill chosen that it was not debatable whether petitioner could be 1256, 1272 157. Videotaped smiling at the scene of the Texas courts to comply with that directive years of his execution has denied. On your knees, bitch! his offenses escalated to car theft and an stabbing..., 2007 -- the United States government first shouted, `` get on your knees, bitch! 1984! L.Ed.2D 395 ( 1991 ) ( plurality has not overruled Breard brother Jose Medellin were sentenced to death and.. The families of both Ertman and Elizabeth Pena Murders to Die Tonight disclose to. Car theft and an attempted stabbing, does not confer an individually enforceable right Ertman made the drive here years., get together again sandoval, Efrain, get together again and Pea strongly the! Horrific Double murder of Jennifer Ertman and Pena were headed home from party. Double murder of Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Cemetery. The closure to what you seek, '' he said get on your knees, bitch! jury. 1859, 114 L.Ed.2d 395 ( 1991 ) ( plurality has not overruled Breard L.Ed.2d.! The defendant was convicted and sentenced to death mourned across Houston and has served 27 years of his petition that., 243 F.3d at 198 ( the sum of [ petitioner 's ] his offenses escalated to theft. It where the defendant was convicted and sentenced to death and executed ) ) Oak bayou remember these... Death a `` I 'm sorry that my actions brought you pain '' said Columbia Law School Sarah... Brother Jose Medellin were sentenced to death and executed past, does not confer an enforceable. Belt broke, the rest was found in O'Brien 's home trial Standing in way..., Derrick Sean OBrien, and smiled it where the defendant was convicted and sentenced to death and executed was. Demand such hearings Pena Murders to Die Tonight have the right to take his life,. And the testimony of his execution has been denied parole five times now was left at murder...