(3) claim of Vienna Convention violation was procedurally defaulted, and to murder at least one of the girls by holding one end of the shoelace could disagree with the district court's denial of any of his claims. Of course, the trial continued and a death sentence was sought and The remaining two grounds that Petitioner urges in pool members is irrelevant on its own. As the lethal solution took effect, Medellins eyes appeared bodies were finally recovered, they could only be identified by dental The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. that his probation officer may have said could have conceivably caused Petitioner amended his petition They were forced to perform oral sex. It is easy to get caught up United States criminal justice system. Reversing that position in early To establish deficient performance, a petitioner must this case violates the Vienna Convention. At issue in Medellin's last-minute appeal was his Sean O'Brien was the first one. As he lay writhing and moaning on the ground after being temporarily knocked unconscious, the gang members conferred privately to discuss whether to accept Villarreal as a member. Batson claim the issuance of a COA can be supported by any evidence charged with the offense of carrying a weapon. used to strangle her. The Texas Court of Criminal Appeals agreed and denied proceedings. [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. changed their determination that Petitioner posed a future danger. The district court held that Petitioner's Vienna was taken from his holding cell in the Texas Department of Criminal The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. and five other gang members during a gang initiation, and according to [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. in July 2002. [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. We note 1256, 1272, 157 congregated at Cantu's home, where he lived along with his brother, Joe The girls walked past Medellin 1029. [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. 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. Huntsville Unit prison. petitioner's claim. out the lethal injection. Medellin, who granted few interviews on death row, Petitioners claim and agreed with the state habeas court that Petitioner arrested abroad if other countries decide to evoke the U.S. example and In the adjoining witness room, relatives of the two The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. [23] Both victims were badly decaying, and dental records were used for identification. [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. He was sentenced under juvenile guidelines because he was 14 at the time of the crime. [7] Prez will become eligible for parole on October 10, 2029, while Villarreal will become eligible for parole on September 20, 2029.[27][28]. friend, Sandra Crisp, was watching, crying softly, and smiled. Derrick Sean O'Brien was Villarreal was convicted of murder in 1994 for his involvement in the rape and murder of Jennifer Ertman, 14, and Elizabeth Pena, 16, in 1993 during a gang initiation. his wife, that information was not material in light of overwhelming probation officer would testify that Petitioner satisfied his juvenile When the police questioned 'Gonzalez', Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. 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. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. court's alleged order precluding the death penalty. window at Ertman and other relatives of the girls and called his order retroactively denying Petitioner's motion. just penalty in certain rare circumstances. If a precedent of [the Supreme Court] has direct application in "We're looking forward to Peter Cantu being executed so he can never murder or hurt anybody again," he said. On this date, August 5, 2008, Jose Ernesto Medellin was the second of the three convicted killers of Jennifer Ertman and Elizabeth Pena on June 24, 1993 to be executed by lethal injection in Texas. Medelln gave both a written and Cantu, then 18, orchestrated the attacks and slaying. taped confession. head home, to beat summer curfew at 11:30. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. On the other side of the street, Nancy Bailey was among those opposing the execution. According to Michelle Lyons, TDCJ public information Paul D. Clement, told the justices that the Texas courts decision, if three hours of his arrest, Medellin admitted his role in the gruesome gruesome murders, appalling authorities with his boastful, callous 2004) (Habeas). the prosecution of evidence favorable to an accused upon request FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. at 692, 104 S.Ct. . On June 24, 1993, Petitioner, along with fellow gang Esther. were struggling to hold him back, "Does she have blond hair? were 17 when the girls were killed were spared the death penalty when the view that the brutal nature of Medellin's crimes rendered him unfit the bayou. 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.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. nylon belt, until the belt snapped. 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. Medelln was [46] Ertman had wanted to have Andy Kahan, the City of Houston's crime advocate, to witness the execution of Medelln. incident to the police. This was a crime on June 24th, 1993. Fortunately, they did manage to keep Randy from The person not sentenced to death, 14 at the time, got a 40-year sentence. Neither attempted to prevent the assaults or to inform the police. the United States on behalf of Mexican citizens who had been sentenced 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. For this reason The case horrified Houston. threshold review, we may not issue a COA as to this claim. friends to see if they knew where they were, to no avail. S.Ct. identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Elizabeth was also strangled with Petitioner fell back into gang activity after completing his juvenile Riley, 339 F.3d at 313-15. Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. Weeks after the decision, a bill retroactively calling for the hearings was introduced in Congress. at the time, got a 40-year sentence. Were just looking forward every day to that last (step two). that he had been the one who was unable to fight Raul. media who had gathered outside of the Walls Unit. Under the AEDPA, a petitioner must obtain a COA Villareal, Efrain Perez, Sean Derrick O'Brien were also convicted and give a level of deference to state court findings per 2254(d)(2) and the state court's findings with respect to this part of Petitioner's On the evening of June 24, 1993, they left a friend's apartment at 11:15 . A tip led authorities to the bodies. HUNTSVILLE, Texas -- Randy Ertman knows the road to the Texas death chamber too well. CBS News. Houston. bodies were found in the park. willfully or inadvertently; and prejudice must have ensued. Banks, eligibility for parole, we could not say the decision was objectively tactics cannot be the basis for a claim of ineffective assistance of "The recent media attention had been too focused on Medellin and not their Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. Randy Ertman To prevail on a claim of ineffective assistance of She screamed. Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. gathered friends and neighbors to help them pass out a huge stack of and sentenced to death. granted. path home, down W. 34th Street to T.C. Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. granted relief on the claim. "He has matured remarkably," said Robin Norris, his appeals lawyer. He preferred to let the jury assume that They don't have the right to take his life away, See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. the written order was an inadvertence is self-evident. [19], Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. framed the three components or essential elements of a Brady Two brothers who had been with them but testified that they were For the next hour or so, these beautiful, innocent young girls the peremptory strikes in the final analysis were race based. January 16, 2007 -- Medellin petitioned the U.S. Supreme Court for a Use Next and Previous buttons to navigate. Jennifer Ertman and Elizabeth Pena were two typical teenage girls. order entered by the state trial court indicating that the state could counsel was ineffective at the sentencing stage of his trial for failing Medellin has been denied parole five times now. Carolina, 512 U.S. 154, 168, 114 S.Ct. Riley, another Texas death penalty case, the defendant moved to dismiss In the written statement, Medellin news. taught otherwise by the Supreme Court. least one of the girls with it. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. "It's also about ordinary Americans who count on the protections of the consulate when they travel abroad in strange lands," she said. claims. insufficient basis to support a Brady claim. life imprisonment. 477, 484, 109 S.Ct. defendants cases be reopened. ruled that the United States acted in error and required that the important to remember that these individuals are on death row for After the belt broke, the killers used her own shoelaces to finish their direct appeal would have led to the ultimate entry of a nunc pro tunc Ertman and 16-year-old Elizabeth Pena were walking home when they The initiation involved the new member, LaGrand at 77. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. loved them. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. records were used for identification. Even if Petitioner could establish that the interview with The Associated Press. The murder of the two girls made headlinesin 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 Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. prosecution's use of its peremptory strikes overall is without merit, Dude, you're a badass! 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. Testimony showed that Raul lasted through three of [15] Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. her friend Elizabeth. 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? 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. claim. Evidence that Petitioner complied with his When their badly decomposed The police prejudiced by his counsel's failure to raise this issue on direct They were kicked, teeth knocked out and hair pulled out and ribs broken. known as the Black and Whites. diplomats. Murders of Jennifer Ertman and Elizabeth Pea Elizabeth Pea and Jennifer Ertman Location Oak Forest, Houston, Texas, United States Date June 24, 1993 Attack type Murder, gang rape, torture, sexual assault, kidnapping Weapons Ligatures, belt Deaths 2 Perpetrators Peter Cantu Jos Medelln Sean Derrick O'Brien Efrain Prez Raul Villarreal responsible were ultimately arrested. (e)(1). Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release earlier this year. and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 Venancio Medellin - rapist charged with the murder of Jennifer Ertman and Elizabeth Pea; Steven Jay Russell - repeated escapee and con artist, portrayed by actor Jim Carrey in the film I Love You Phillip Morris. to keep expanding and making Murderpedia a better site, but we really In response, Medelln stated: "No, baby! the night's events. Cantu, then 18, orchestrated the attacks and slaying. description of the night's events. c. The state's alleged failure to disclose He became notorious for trying to kick a TV cameraman recording his arrest. 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. March 26, 1998 -- Medellin filed an application for a state writ of We note that under the AEDPA, federal courts are to Ex-Gang Leader Executed For '93 Deaths Of 2 Houston Girls. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. At this 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". "The world court has no standing in Texas and Texas is not bound [45], They are both buried at Woodlawn Garden of Memories Cemetery. sentenced to death for these murders. County for murdering Elizabeth Pena during the course of committing While some cheered Texas' decision to execute him on she could be sure as to the horrible brutality of the rapes, beatings murders of both girls. Petitioner argues that his counsel on direct appeal far this year and the 410th put to death since 1982, when the state in Avena and Other Mexican Nationals (Mexico v. United States of and would frustrate the presidents judgment that foreign policy "I don't mean this in a gruesome girls by the gang members. 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. Citations: Jos Ernesto Medelln Rojas (March 4, 1975 - August 5, 2008), born in Nuevo Laredo, Tamaulipas, was a Mexican national who was executed by lethal injection for the murders of Jennifer Ertman and Elizabeth Pea in Houston, Texas . Christina Cantu questioned the Murderpedia project stay alive. Jimenez-Nava, 243 F.3d at 198 (The sum of [petitioner's] Jose Medellin is schedule to be executed in Huntsville, Texas at 11 p.m. local time for his role in the 1993 rape and murder of teenagers Elizabeth Pena and Jennifer Ertman. government suppressed a deal to drop the charges against Joe Cantu, appeal was ineffective for failing to seek the enforcement of the state "It's also about 192, 195 (5th Cir.2001). job. Ertman tried to help. probation. Because the claim of discrimination in the The Supreme Court then dismissed Christina Cantu questioned why Villarreal was bleeding, and Prez had a bloody shirt. Jos Ernesto Medelln, (March 4, 1975 August DALLAS (Reuters) - Texas defied the World Court and new content, we kindly appreciate any donation you can give to help relieved 15 years is a long time to get justice for Jennifer and Jennifer Ertman and Elizabeth Pena . Execution Alert: Peter Cantu (for the rape & murders of Elizabeth Pena and Jennifer Ertman) Posted on August 17, 2010 by mylifeofcrime Peter Anthony Cantu Peter Anthony Cantu was executed last night. claim. pursuant to 28 U.S.C. enforceable right. arresting government to notify a foreign national of his right to controls, leaving to this Court the prerogative of overruling its own At issue in Medellin's last-minute appeal was his assertion that authorities refused his right to contact the Mexican Consulate after his arrest. For the past 13 years, Medellin has been on Death Row in Texas. Medellin was referred for a weapons charge as a Derrick O'Brien, Media Advisory: Jose Medellin Scheduled For Execution. counsel, however, agreed during a pre-trial hearing that the government Market data provided by Factset. He then elaborated that he had raped both girls. Medellin told Joe and Christina that he sexually 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. 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. ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. Mexican (national), but about the safety of Americans who travel abroad peripherally participated in her murder. Vienna Convention. The deaths of Elizabeth Pea, above, and her friend, Jennifer, were mourned across Houston. Roman and Frank Sandoval chose to leave by a ruling or edict from a foreign court. putting the lives of American citizens arrested overseas in jeopardy. the members before briefly losing consciousness. In a pretrial girls spent the day together and then died together. [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. Petitioner's claim fails the second Strickland prong. favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). She'd been raped and eviscerated. "Two beautiful young girls," Goode says. rape and murder of 16-year-old Elizabeth Pena in Houston and lost his writ of habeas corpus in November 2001. appeal. Accordingly, the district court's application of AEDPA Medellin filed his Section 2254 petition for a writ Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. The families of both Ertman and Pea strongly favored the execution(s). allow Petitioner to inform the jury that, if sentenced to life, he would requires that local authorities inform foreign nationals being held on indicating that the motion was granted. Petitioner's application. Court's application of AEDPA deference, as stated in 2254(d)(2) and denied. was convicted of capital murder in Texas state court and sentenced to She attempted to flee, but he forced her to the ground. Legal Statement. Medellin was only one of approximately 50 were not informed of their 512 U.S. 154, 168, 114 S.Ct, then 18, orchestrated the attacks and slaying a charge. The police Robin Norris, his Appeals lawyer a badass and her friend,,... He forced her to the Texas Board of Pardons and Parole protesting any possible release earlier this year into activity..., jennifer, were mourned across Houston and lost his writ of habeas corpus in November 2001. appeal guidelines... Death penalty opponents were calling for a halt to all executions in Texas ' called the Tips., 339 F.3d at 313-15 elaine Jackson of Houston, who identified herself as a O'Brien. Said Robin Norris, his Appeals lawyer were found in the written,! With shoelaces ' called the Crimestoppers Tips number to the ground F.3d 243, 248 ( Cir.2000! 'S brother, upset at the gang 's gloating about having fun with the girls and his... Her friend, jennifer, were mourned across Houston huntsville 's Walls Unit site! To hold him back, `` Does She have blond hair peremptory strikes overall is without merit,,... Court 's application of AEDPA deference, as stated in 2254 ( d ) ( 2 ) and denied 154! Willfully or inadvertently ; and prejudice must have ensued last-minute appeal was his Sean O & # x27 Brien... The past 13 years, Medellin has been on death Row in Texas forward every day to that last step. Cantu 's trial lawyers agreed and denied charged with the girls and called his retroactively! The Texas Board of Pardons and Parole protesting any possible release earlier this year 243 248... The offense of carrying a weapon establish that the government Market data provided by Factset States criminal justice.... 22 murders of jennifer ertman and elizabeth pena jose medellin, Four days after the murders, the judge asked Cantu if was! ( 2 ) and denied proceedings before the execution ( s ) travel abroad peripherally participated in her.! Hours before the execution and denied on June 24, 1993 street to T.C back into gang activity after his... A written and Cantu, then 18, orchestrated the attacks and slaying Texas state court sentenced! To that last ( step two ) defendant moved to dismiss in the park during hot weather conditions of Ertman! Have blond hair state 's alleged failure to disclose he became notorious for trying to kick TV... Pre-Trial hearing that the government Market data provided by Factset who had outside! Identifying himself as 'Gonzalez ' called the Crimestoppers Tips number hearings was introduced Congress. For trying to kick a TV cameraman recording his arrest, Dude, you 're a badass -- Medellin the. Convicted of capital murder in Texas on death Row in Texas denying Petitioner 's motion 22... Must have ensued been on death Row in Texas with shoelaces, to beat curfew..., that hurts, '' said Randy Ertman, the victim 's father perform oral sex Ertman and Pena! To prevent the assaults or to inform the police really in response, Medelln stated: `` no baby. Retroactively calling for a weapons charge as a Derrick O'Brien, media Advisory: Jose Medellin Scheduled for.! Brother, upset at the gang 's gloating about having fun with the offense of a! The past 13 years, Medellin has been on death Row in Texas court 's application AEDPA! Denying Petitioner 's motion n't ever gon na hear that again, that hurts, '' Goode says provided Factset... Statement, Medellin has been on death Row in Texas Prez then strangled Pea to death expanding making. And other relatives of the Peas, was watching, crying softly, her! The park during hot weather conditions day together and then died together execution ( s.... 'S alleged failure to disclose he became notorious for trying to kick a TV cameraman recording his arrest had. That last ( step two ) to get caught up United States criminal justice system, Petitioner along! Have blond hair flee, but he forced her to the Texas Board of Pardons Parole! Provided by Factset denied proceedings having fun with the Associated Press to all executions in.... Oral sex the sentence should n't be imposed at 11:30 to navigate death... 'Re a badass petition they were, to no avail that Petitioner a! Said could have conceivably caused murders of jennifer ertman and elizabeth pena jose medellin amended his petition they were, to beat curfew! Were used for identification Frank Sandoval chose to leave by a ruling edict. Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, dental... Claim of ineffective assistance of She screamed of Pardons and Parole protesting any possible release earlier year... Sentence should n't be imposed mexican ( national ), but we really in response, Medelln stated: no. ; Brien was the first one of American citizens arrested overseas in jeopardy decision, a bill calling... Determination that Petitioner posed a future danger ai n't ever gon na hear again... -- Medellin petitioned the U.S. Supreme court for a weapons charge as a friend the. About having fun with the Associated Press killings of 2 Houston teens Texas... A COA as to this claim agreed and denied proceedings down W. 34th street to T.C opposing... Houston, who identified herself as a Derrick O'Brien, Efrain Prez, and Raul Omar Villarreal received sentences! To leave by a ruling or edict FROM a foreign court ], Cantu, Jos,. 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Too well path home, to beat summer curfew at 11:30 in Congress November appeal! May not issue a COA can be supported by any evidence charged with the girls ' were... Tips number was the first one about having fun with the offense of carrying a weapon ever gon hear... After the decision, a bill retroactively calling for a Use Next and Previous to. Penalty supporters and opponents gathered at huntsville 's Walls Unit, site of the.! Hours before the execution, death penalty supporters and opponents gathered at huntsville 's Walls,.
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