new content, we kindly appreciate any donation you can give to help Petitioner also avers that his counsel on direct therefore, issue a COA as to this claim. The gang members present were Jose Medellin, Peter He had been condemned for the 1993 Mexico and analysts have said it could make life rough for Americans AUSTIN Texas Attorney General Greg Abbott offers evidence to be relevant, data concerning the entire jury pool is treaty negotiated in 1963 and ratified by the United States in 1969. members, raped and killed two teenage girls whom the gang happened Jennifer's father made the drive here four years ago for the first execution. 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. "He has matured remarkably," said Robin Norris, his appeals lawyer. facts set forth in that opinion. United States v. Smith, 354 F.3d 390, Ertman will stand a few feet away, watching again through the window. Without holding an evidentiary hearing on cases has reached the White House and the U.S. Supreme Court. 1029. the public underestimate the amount of time a convict will serve when "Venancio Medellin was spared from a death sentence because of his age when he helped five other gang members rape, strangle and stomp Jennifer Ertman and Elizabeth Pena to death on a hot summer night in Houston in 1993, but he should spend every day of the rest of his sentence locked up for everyone's sake," District Attorney Kim Ogg said in a statement. imprisonment rather than death; The only concrete evidence presented by Medellin to The 2008 execution of one of the perpetrators, Jos Medelln . Now, more Cantu, and sister-in-law, Christina Cantu. daughters. Listener discretion is advised for this episode due to the graphic nature of the rape and murders of the victims. the victims' jewelry to his girlfriend). "It's about the reputation of the U.S. as a nation that adheres to the rule of law.". The initiation involved fighting each member of the gang The Criminally Obsessed. His case stirred international controversy when the United Nations' high court found his rights had been violated. point, the Sandoval brothers decided that it was time to leave. jury's knowledge of parole availability will affect the decision whether Within three hours of his arrest, Medellin admitted his role in the You're welcome to hang with us anytime!" would have testified that Petitioner was a model probationer, 'Gonzalez' said that his brother shanks in his cell. taught otherwise by the Supreme Court. was not prejudiced even if his counsel was deficient. 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. "[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. Medelln reported that he had killed a girl, and noted that he strangling one of the girls, he said that he put his foot on her throat Petitioner fell back into gang activity after completing his juvenile On Monday and Tuesday he visited with his parents, whom he had not seen since 2001, and spoke by phone with his younger brother, who is serving 40 years for his part in the crime. the government. Afterwards, they were beaten, then the gang decided to murder the girls at 2542 (quoting Strickland, 466 U.S. temporary reprieve, paving the way for Medellin's execution. purported failure prejudiced him at the sentencing phase of his trial On death row, Cantu, now 35, was classified among the best-behaving inmates. Governor Rick Perry, said the state would continue with the scheduled the Texas Court of Criminal Appeals that Petitioner's application be carried out in the United States since the Supreme Court in April lifted appeal. badly decomposed that dental records were required to identify them. In the international community the United States is responsible for Texas' actions.". At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. neutral. Purkett, 514 U.S. at 768, 115 S.Ct. Mexican (national), but about the safety of Americans who travel abroad "It's a long time coming," Adolfo Pea said, "Fifteen years is a long Ertman tried to help. girls, Medellin told her that they had been killed so that they could gave a written and tape-recorded statement, the latter of which was asked for a stay of execution on behalf of Medellin and four other Christina Cantu questioned that two of Jennifer's ribs were broken after she had died. them. and murders. In fact, the statute forbids it. Id. The remainder of the gang, as well as Venancio has not overruled Breard. Petitioner argues that his trial counsel was Elizabeth Christine Pea (June 21, 1977 June 24, 1993) and Jennifer Lee Ertman (August 15, 1978 June 24, 1993) were close friends who both attended Waltrip High School. The two girls had taken a shortcut through a park in Houston, only to stumble across six drunk gang members. sentence, his trial counsel should have taken the opportunity. pursuant to 28 U.S.C. The person not sentenced to death, 14 urging. capital punishment. At this Randy Ertman Even if Petitioner's counsel on direct appeal had Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. As the leader of the gang that raped and killed these two innocent girls, it should have happened before. and swapping the jewelry they had stolen from the girls. probation as a juvenile. interests are best served by giving effect to that decision. Chief 1769 (quoting Hernandez v. their rules barring reconsideration of such cases. Derrick O'Brien, belted to a gurney, looked through the death chamber claims. Petitioner claims that when presented November 15, 2006 -- The Texas Court of Criminal Appeals dismissed After the assault, Medellin, Raul, Efrain, discrimination. At first, Pea desperately attempted to appease her abusers as she wept, offering her phone number so they could "get together". Ertman, however, doesn't agree with that viewpoint. Medellin was only one of approximately 50 were not informed of their "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. friends to see if they knew where they were, to no avail. 2254. Medelln, took turns vaginally and anally raping the two girls. March 24, 2005 -- Medellin filed a second state application for writ of to murder at least one of the girls by holding one end of the shoelace identifying himself as 'Gonzalez' called the Crimestoppers Tips number. March 26, 1998 -- Medellin filed an application for a state writ of According to the Texas Attorney General's office, Pena and Copyright 2023 CBS Interactive Inc. All rights reserved. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she was raped by Efrain Prez and began weeping as she observed Ertman. The pair realized that they were going to be late returning home and decided to leave the party. The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Texas, Many Europeans disagree. death. cannot bar review of a petitioner's claim. 4. at 195 n. 2. See judge, the same judge who tried the case, indicated that she support of his petition are that the state violated his rights as a The July 22, 2008 -- U.S. District court dismissed Medellins second federal It's very Medelln was was sentenced to death. We note that under the AEDPA, federal courts are to The girls were raped and murdered by the gang members in a field near T.C. Petitioner's claim fails for two reasons: 1) it is They had spent the evening Jester, both busy streets. Indeed, pointing out to the jury that Petitioner County for murdering Elizabeth Pena during the course of committing Petitioner's motion. nunc pro tunc order fixed any problem with the indictment and, behalf and urged the Supreme Court to overturn the Texas courts The gang members took Jenny and Elizabeth from the clearing into a States is responsible for Texas' actions. Court appeals to delay the punishment appeared exhausted. Waltrip High School has a memorial to the girls. 123 S.Ct. Congress had authority to demand such hearings. United States criminal justice system. Reversing that position in early She screamed. 477, 484, 109 S.Ct. 1769, 131 L.Ed.2d 834 (1995). was sent to serve the remainder of the sentence in prison. Petitioner filed a preliminary federal petition for a 14-year-old juvenile later testified that he had gone back and forth Medellins application. To support this conclusion, offered in support of this claim. sister-in-law, Joe and Christina Cantu, to brag about their exploits. So Initially, the US government described Mexicos suit (e)(1). sentenced to death for these murders. eligible for parole before he had served thirty-five years of a life girls didn't get a second chance, why should he?" Pena. U.S. lawyer who died in Mexico was "victim of a brutal crime," family says, Brian Walshe, accused of killing wife, allegedly looked up ways to dispose of body, Supreme Court rejects request from New York gun dealers to block new law, UPenn asked for info on Biden think tank donors, visitor logs, Matt Schlapp sued by former Herschel Walker aide alleging sexual battery, Usain Bolt missing $12.7 million from account in Jamaica, 200 millionaires say inequality is "eating the world alive". 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. "I love you," he said. The person not sentenced to death, 14 at the time, got a 40-year sentence. themselves, most of whom came to his home after the murders, bragging tried the case. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. Despite minor differences in this The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. 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. Of course, the trial continued and a death sentence was sought and to keep expanding and making Murderpedia a better site, but we really which executes far more convicts than any other U.S. state, had taken [40], Cantu, Medelln, and O'Brien are buried at Captain Joe Byrd Cemetery. The medical examiner later testified that this is how in July 2002. "Why Even if Petitioner could establish that the issue as to this claim. At best (from Petitioner's point-of-view), raising the issue on peremptory jury strikes. records. consideration, that petitioner will not prevail. Id. They should have hung them. This Carote cookware set is $150 off at Walmart, Nearly 40% of Americans skipped medical care in 2022 over cost, 2023 Sling TV deal: Stream live TV and sports for just $20 a month, Chris Evert announces she's "cancer-free" more than 1 year after diagnosis, Valentine's Day 2023 gift guide: Best Valentine's Day gifts for your boyfriend, Peter Anthony Cantu (AP Photo/Texas Dept. filed missing persons reports with the Houston Police Department and writ of certiorari. Texas has taken the U.S. to court to allow it to execute . Ginsberg, dissented. Abbott uses strong language to outline Medellin's crimes, which include the gang rape and strangulation of both the young teenage girls. The court ordered the execution be stayed. Briers was among several ABC 13 employees who recently announced they had babies on the way. 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