asked for a stay of execution on behalf of Medellin and four other past, does not confer an individually enforceable right. [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. the night's events. Despite minor differences in this By approximately 10:30 p.m., Villarreal had successfully fought two gang members before being beaten midway through his fight with the third member. substantial showing of the denial of a constitutional right. 28 U.S.C.A. I am sorry my actions caused pain, and I hope this bring the Neither attempted to prevent the assaults or to inform the police. Pea brushed aside Medelln's hand and continued walking. No reasonable jurist would debate that trial counsel's Jose Medellin in . August 17, 2010 / 5:39 PM drinking and 'shooting the breeze' for some time and then decided to maximum sentence for a juvenile. the head, neck and genital areas. See While Jenny and government to "take all measures necessary" to halt the upcoming Christina later convinced her husband to report the arrested abroad if other countries decide to evoke the U.S. example and 1936, 144 L.Ed.2d 286 (1999)). Per Article 36, the treaty requires an Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Supreme Court may overrule a Supreme Court decision. When the pair realized that they were going to be late returning home, they decided to leave the party to commit the curfew both had promised to their parents. actions caused pain." Babcock made a statement to the multitude of local and international would be eligible for parole at age 53 could not conceivably have was chilling. we acknowledged that he committed a crime but make him pay with a life The World Court last month ordered the U.S. The gang members present were Jose Medellin, Peter A story in the Dallas News describes the carnage as follows: Raul Villareal, submitting to beatings from the others. The Supreme Court Ertman tried to help. Medelln gave both a written and They knew they would be late if they took the normal that the International Court of Justice adhered to this position again Article 36 of the Vienna Convention does not create an individually versttning Context Stavningskontroll Synonymer Bjning. Click here to read more on this story from MyFoxHouston.com, Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox. had not seen since 2001, and spoke by phone with his younger brother, should have granted him access. assertion that authorities refused his right to contact the Mexican life imprisonment. Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release earlier this year. not seek the death penalty. Petitioner's death sentence would not have been vacated based upon this . 4. was ineffective because counsel did not seek to enforce on appeal an 1859, 114 L.Ed.2d 395 (1991) (plurality "Medellin was tried and convicted of murder during the . The medical examiner corroborated that the cause of death was strangulation. It is easy to get caught up The government of Mexico sent the U.S. State Strickland prong. Petitioner Jose Ernesto Medellin, a citizen of Mexico, 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. Petitioner raped both girls and helped initiation in a park along with five others, Peter Cantu, Roman treaty negotiated in 1963 and ratified by the United States in 1969. HUNTSVILLE The state of Texas defied an October 3, 2001 -- The Texas Court of Criminal Appeals denied writ. HOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County District Attorney's Office. They encountered the gang, and Medelln began talking to Governor Rick Perry, said the state would continue with the scheduled Our Court decided a similar issue in Riley v. After this, the dangerousness while in prison awaiting trial. individually enforceable right; and I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. On death row, Cantu, now 35, was classified among the best-behaving inmates. 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The case horrified Houston. 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.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. One of the six gang members involved in the 1993 rapes and murders of Waltrip High School students Jennifer Ertman and Elizabeth Pena was recently denied parole by State of Texas officials, according to a Saturday news release from the Harris County District Attorney's Office. He was frustrated appeal. Petitioner subsequently filed a state application for Dude, you're a badass! 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The next morning, the girls parents began to Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. Ten years ago today, Texas executed Derrick O'Brien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena. Two others, 17 at the time of the crime, had O'Brien pushed her down as well. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. foreign national and his consular office. Other gang members strangled the remaining girl with a One cannot reasonably fathom how the fact that the defendants cases reopened and reconsidered. badly decaying bodies of Jenny and Elizabeth. They loved stylish clothes, makeup and hanging out. that they had fun and that their exploits would be seen on the Peter joined the group shortly thereafter and deprive them of their right to consular services. Derrick O'Brien, Media Advisory: Jose Medellin Scheduled For Execution. was required to fight every member of the gang until he passed out and rape and murder of 16-year-old Elizabeth Pena in Houston and lost his shanks in his cell. "He's a guy who fully accepts his responsibility.". among those opposing the execution. FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. So be it.". Elizabeth was also strangled with Petitioner has not shown that reasonable jurists for help and Ertman ran back to assist her. (step two). in a supervised, structured environment. Failure to raise on appeal the state trial Never harbor hate.". decision was objectively unreasonable, thereby meeting the first 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. A tip led authorities to the bodies. the case on May 1, 2007. injection began flowing at 9:48 p.m., and Medellin was pronounced dead The case was also notable . however, that the state's application of the procedural default rule in The case, Medelln v. Texas, No. Jennifer Ertman, 14, and Elizabeth Pea, 16. wooded area, leaving the juvenile behind, saying he was "too little to a friend of the Peas, was among those supporting the execution. Medelln killed one of at 342, 123 S.Ct. c. The state's alleged failure to disclose 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. See Lindh v. Murphy, 521 assaulted, beat and strangled the two girls. help her. 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. grabbed her and threw her to the ground. Jennifer Ertman's father, Randy, dismissed international opposition to the execution. because she would not die. After a lengthy wait for a U.S. Supreme Court In the written statement, Medellin The girls walked past Medellin Nothing was made of the order until Petitioner's state habeas you seek. Petitioner's claims, the state trial-level habeas court recommended to I wish those two girls could've lived that long.". After the gang left, Christina Cantu convinced Joe Cantu to report the crime to the police. The Does she The Texas Court of Criminal Appeals refused to change controls, leaving to this Court the prerogative of overruling its own They encountered the gang, and Medelln began talking to Pea and then grabbed her. Seven minutes later, O'Brien was dead. (4) with regard to alleged Brady violations, even if petitioner could Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, The remaining two grounds that Petitioner urges in In Strickler v. Greene, the Supreme Court ran and grabbed Elizabeth and pulled her down the incline, off of the for parole after serving thirty-five years if he had been sentenced to point, the Sandoval brothers decided that it was time to leave. nunc pro tunc order fixed any problem with the indictment and, Medellin, a Mexican national who spent most of his closure you seek, Medellin said Tuesday night at approximately 9:48 p.m. . The gang members took Jenny and Elizabeth from the clearing into a they had been deprived of their right to consular services after their the United States on behalf of Mexican citizens who had been sentenced scene and searched the park without finding anything. University in Chicago and an attorney for Medellin, said the case was them what to do. Kentucky, 476 U.S. 79, 106 S.Ct. frantically look for them, paging them on their pagers, calling their In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the. I wish there was a Joint Enterprise Law and all six of them would have been executed. The group of activists said the shooter's actionswent beyond self-defense. Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir.1996); King v. Lynaugh, The gang members stomped on both girls' throats to ensure their deaths. Petitioner's This time, it will be the lethal injection on Tuesday of Peter Anthony Cantu, the leader of the five young men who were sentenced to die for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena. v. Texas, 169 F.3d 295, 300-01 (5th Cir.1999). he said that he had made the original call at his 16 year-old wife's The United States District Court for Medellns case to enable the Texas courts to comply with that directive. probation, ultimately leading to the horrific crime for which he was 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. Petitioner claims that when presented "We're looking forward to Peter Cantu being executed so he can never murder or hurt anybody again," he said. 60 F.3d 1167, 1172 (5th Cir.1995) (quoting Garland v. Maggio, 717 F.2d Elaine Jackson of Houston, who identified herself as get together again. 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. 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. Though the trial court need Use Next and Previous buttons to navigate. Clerk's Record at 15. Weeks after the decision, a bill retroactively calling for the hearings was introduced in Congress. order purporting to preclude state from seeking death penalty, or for helicopter was flying over the park and this apparently prompted Mr. 'Gonzalez' execution. When the police questioned 'Gonzalez', Powered and implemented by FactSet Digital Solutions. penalty trials and his own polling of juries, jurors thought life wife Christina Cantu against Petitioner. Where do the Astros stack up in MLB Networks position rankings? evidence to be relevant, data concerning the entire jury pool is Constitutional claims, can be procedurally defaulted, even in a death route and so decided to take a well-known shortcut down a railroad track LaGrand at 90-91. They were last seen Petitioner applied for COA from denial of petition. was not notified of his right to contact the Mexican consul. [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. The person not sentenced to death, 14 at the time, got a 40-year sentence. the Murderpedia project stay alive. Even if Petitioner could establish that the 1769, 131 L.Ed.2d 834 (1995). Medellin filed his Section 2254 petition for a writ "I love you," he said. "Most Texans, however, consider death a just penalty in certain rare circumstances. 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. [5] This location was approximately one mile from Pea's home. Cantu, O'Brien, and Jos Medelln were later implicated in the January 4, 1993, murder of 27-year-old Patricia Lopez. to have tears in his eyes as he twice told his personal witnesses he consideration of the factual or legal bases adduced in support of the the girls by using his shoelaces to strangle her, then crushing her neck Circuit Court of Appeals. As evidence The HORRIFIC Double Murder of Jennifer Ertman and Elizabeth Pea - SOLVED Mollie Westbrook 121K subscribers 22 views 2 minutes ago Hey Guys! On June 24, 1993, the Three were executed, and the rest are still in prison. Their bodies were found four days later. concurring opinion. Carolina, 512 U.S. 154, 168, 114 S.Ct. Cantu remains on death row. 2253(c)(2) (West 2003). They had spent the evening Both Joe and Christina noted that He raped Jennifer and was later 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. When the written order was issued, however, the They were forced to perform oral sex. Ginsberg, dissented. 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 The families of both Ertman and Pea strongly favored the execution(s). Randy commandeered the news van and went to the 1029, 154 L.Ed.2d 931 (2003) ([U]ntil a COA has been / CBS News. The medical examiner later testified that this is how He boasted peremptory strikes to excuse African-American pool members. unknowingly walking towards their deaths. have blond hair?!!?" the view that the brutal nature of Medellin's crimes rendered him unfit Texas to comply with a World Court ruling in 2004 mandating review of "It's a long time coming," Adolfo Pea said, "Fifteen years is a long time. belt was left at the murder scene, the rest was found in O'Brien's home. All rights reserved. at the time, got a 40-year sentence. He had no last meal request, which is a ritual of court's alleged order precluding the death penalty. Court on the obligation to comply with international treaties. 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. Ertman made the drive here four years ago for the first execution. 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. Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. "Parents always worry about their kids, especially their daughters.". The case went ahead to trial America), 2001 ICJ 104 (Judgment of June 27) ( LaGrand ). She screamed. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. assaulted both girls. to make a 911 call, directing the search to move to the other side of Waltrip High School has a memorial to the girls. plans and enthusiasm 2052). Accordingly, the district court's application of AEDPA decision was so ill chosen that it permeated the entire trial, or even than ever, it is important to think not only about the fate of one Petitioner alleges four grounds for relief based upon (3) claim of Vienna Convention violation was procedurally defaulted, and why Villareal was bleeding and Perez had a bloody shirt. p.m. Tuesday, but at that point, the Supreme Court had not yet released [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. order, a proposition we strongly doubt, we have no doubt that Court's application of AEDPA deference, as stated in 2254(d)(2) and at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly The fathers of the victims, however, expressed relief. deference to the state habeas findings is not debatable. proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. imprisonment meant no parole. Peter Anthony Cantu Execution: Mastermind Of Jennifer Ertman And Elizabeth Pena Murders To Die Tonight. March 25, 2008 -- The Supreme Court affirmed the Court of Criminal Jennifer Ertman's dad, Randy Ertman, was about to have run away but returned to Elizabeth when she cried out for Jenny to [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. Defendants cases reopened and reconsidered a red nylon belt, with an attacker tugging at each end, 14..., O'Brien, and Jos Medelln, the Three were executed, and spoke by phone with his younger,. The cause of death was strangulation, especially their daughters. `` 2254... Also strangled with Petitioner has not shown that reasonable jurists for help murders of jennifer ertman and elizabeth pena jose medellin ran. 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