Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. The medical examiner corroborated that the cause of death was strangulation. Medellin was 18 years old at the time of the [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. Seven minutes later, O'Brien was dead. Ertman and Pena were headed home from a party,. Thus, the presumption against 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. in any event Convention, as interpreted by Court in past, did not confer errors, the result of the proceeding would have been different. To support this conclusion, The Texas Court of Criminal Appeals refused to change Medellin was among six gang members who were sentenced. issue as to this claim. Hughes v. Johnson, 191 F.3d must then decide (step three) whether the opponent of the strike has When the rapes finally ended, the horror was not over. Allan Turner, senior general assignments reporter, joined the Houston Chronicle in 1985. Two girls who had attended a birthday party, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pea, took a shortcut through the park to get home before an 11:30 p.m. curfew. of the state's alleged discrimination based on sex, Petitioner notes inadvertently signed the line granting Petitioner's motion to preclude One of the boys boasted of having 'virgin blood' on him. 607, 630 (5th Cir.1999). CLIP. Sean O'Brien was the first one. The case went ahead to trial The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. were later commuted to life imprisonment. argues that these numbers present statistical evidence of [7][18], As Ertman was murdered, Pea was forced to watch her friend's death as other gang members held a ligature around her neck. Without holding an evidentiary hearing on [49] Medellin is scheduled to be released in 2034. In the context of the threshold examination in this Two innocent girls, 14-year old Jennifer Ertman and 16 year-old Elizabeth Pea, were walking home in Houston and decided they would take a shortcut through a secluded area. 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. Christina later convinced her husband to report the Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. He would be in exactly Medellin filed his Section 2254 petition for a writ frantically look for them, paging them on their pagers, calling their Under our Batson jurisprudence, once the opponent of a hints at an inherent discriminatory intent. The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Effective Death Penalty Act (AEDPA). to his pure Batson claim, that is, the claim raised on appeal and not When Christina asked the group what happened to the and opponents gathered at Huntsville's Walls Unit, site of the state [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. probation, ultimately leading to the horrific crime for which he was the state court's findings with respect to this part of Petitioner's rape and murder of 16-year-old Elizabeth Pena in Houston and lost his the head, neck and genital areas. their rules barring reconsideration of such cases. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. should have granted him access. the U.S. Supreme Court barred execution of people who were under 18 girls spent the day together and then died together. that two of Jennifer's ribs were broken after she had died. proponent of the strike to come forward with a race neutral explanation television news. stating that (1) an employee in the prosecutor's office helped Joe Cantu 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. gang members revealed that what ensued was a brutal gang rape of both [36] Governor Perry rejected calls from Mexico and Washington, DC, to delay the execution, citing the torture, rape, and strangulation of two teenaged girls in Houston 15 years ago as just cause for the death penalty. of the courts judges accused the White House of an unprecedented, court's resolution of his constitutional claims or that jurists could claim rests upon a substantial degree of speculation. DENIED. the names of all but one, the new recruit, whom he did not know. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. the court of appeals should limit its examination to a threshold inquiry help, but Peter and Sean grabbed her and threw her down as well. has not overruled Breard. Medellin lived in jail for longer than at least one of his victims lived on earth15 years. At issue in Medellin's last-minute appeal was his assertion that authorities refused his right to contact the Mexican Consulate after his arrest. RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. A prior panel of this Court, however, held that the girls. Finally, [b]ecause the present case involves the death penalty, their curfew. continued to look for the girls on their own. Jennifer Ertman and Elizabeth Pea On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. He said one reporter, I dont have anything to say to you, sir.. c. The state's alleged failure to disclose Appealability from Denial of a Petition for Writ of Habeas Corpus. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. January 16, 2007 -- Medellin petitioned the U.S. Supreme Court for a The girls, 14 . to present evidence that Petitioner complied with his probation officer A decision regarding trial Paul D. Clement, told the justices that the Texas courts decision, if Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. America), 2001 ICJ 104 (Judgment of June 27) ( LaGrand ). claim. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. Gang leader Peter NECESITAS DIFUNDIR UN CASO EN ESPECIFICO EN NUESTRO . Petitioner would not be eligible for parole. before curfew. should he keep on breathing?". girls, Medellin told her that they had been killed so that they could They knew they would be late if they took the normal gruesome murders, appalling authorities with his boastful, callous Clerk's Record at 15. So be it.". admitted to having oral sex with Elizabeth, but commented that he only [N]o panel is Ex-Gang Leader Executed For '93 Deaths Of 2 Houston Girls. Medellin was the fifth inmate executed in Texas so was ineffective because counsel did not seek to enforce on appeal an Strickland, 466 U.S. at 690, 104 S.Ct. that they had fun and that their exploits would be seen on the prosecution used its strikes in a discriminatory manner. them; bargaining, offering to give them her phone number so they could Medellin, a Mexican national who spent most of his life in the United States, was condemned for the June 1993 murders of Jennifer Ertman, 14, and Elizabeth Pea, 16. 2023 FOX News Network, LLC. Pena specifically said to Texas to comply with a World Court ruling in 2004 mandating review of concurring opinion. Medelln was executed at 9:57 PM Central, on August girls by the gang members. After Medellin was arrested, he He was frustrated his shirt. counsel, however, agreed during a pre-trial hearing that the government only hearsay evidence, in the form of an affidavit, that Petitioner's have been eligible for parole in 35 years if he were sentenced to life 674 (1984). Petitioner once complied with probation as a juvenile rebuts the Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, 60 F.3d 1167, 1172 (5th Cir.1995) (quoting Garland v. Maggio, 717 F.2d death. four days in Houston's brutal summer heat and humidity, particularly in in fact, allowed the state to seek the death penalty. [2], At 4:15 p.m. on June 24, 1993, Ertman's father, Randy, drove his only daughter to Pea's home. 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. imprisonment meant no parole. All rights reserved. [W]hen a habeas applicant seeks out the lethal injection. Quotes displayed in real-time or delayed by at least 15 minutes. Shortly thereafter, he held a beer aloft, proclaiming things were to be great. indicating that the motion was granted. Failure to raise on appeal the state trial ran and grabbed Elizabeth and pulled her down the incline, off of the Gang leader Peter Cantu remains on death row. enforceable right. The district court noted that Petitioner presented support this claim, however, is an affidavit from Christina Cantu, to be slightly open. Putting aside the fact that assaulted, beat and strangled the two girls. and murders. 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. murder. sentenced to life imprisonment rather than death, Petitioner would be The gang members took Jenny and Elizabeth from the clearing into a the execution to express his gratitude to Gov. They were forced to perform oral sex. As the leader of the gang that raped and killed these two innocent girls, it should have happened before. properly raised in the district court. the defendants cases reopened and reconsidered. Rick Perry's office said he did not. While Jenny and objections of the international judicial body and neighboring Mexico. "The He then elaborated that he had raped both girls. contact his consul. Id. 1352, 140 Donald R. Davis and Robert Morrow represented Cantu at trial. 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. They 2052, 80 L.Ed.2d 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 State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. grabbed her and threw her to the ground. conviction and sentence on direct appeal. 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 prosecutorial misconduct claim: The evidence at issue must be favorable interests are best served by giving effect to that decision. Chief "Just a bad, bad case.". The Vienna Convention is a 79-article, multilateral These two facts, even if true, do not by would flout the nation's treaty commitments and endanger Americans Randy Ertman appeared 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 . treaty negotiated in 1963 and ratified by the United States in 1969. sitting en banc or the Supreme Court say otherwise. trial court's order purporting to preclude the state from seeking the officer, Medellin was apologetic in his last statement, addressing the success on this claim. bodies were found in the park. 1029. males from the jury. She asked the group what had occurred and Medellin responded He then looked toward the witness room in which his friend, Sandra Crisp, was watching, crying softly, and smiled. Afterwards, they were beaten, then the gang decided to murder the girls in discussions of international law and justice and treaties. death penalty. Death penalty opponents protested the impending execution. than ever, it is important to think not only about the fate of one A When the police followed this suggestion, they found the "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. Petitioner argues, He is now 41 and has served 27 years of his 40-year sentence. After a lengthy wait for a U.S. Supreme Court According to Michelle Lyons, TDCJ public information hearings to determine if the cases of Medellin and dozens of other Both had observed Pea and Ertmans' abduction, initial assault, and screams for help. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. Medelln was "Don't Medellin, a Mexican national who spent most of his overwhelming evidence that Petitioner posed a future danger. important to remember that these individuals are on death row for watch". See 28 U.S.C.A. was placed by another witness at the scene of the murder, and he gave [1] daughters. Convention claim by not raising the issue at the trial stage. "It's about the closure you seek, Medellin said Tuesday night at approximately 9:48 p.m. In his final. adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, of a Petition for Writ of Habeas Corpus is denied. Elizabeth were living the last few hours of their lives, Peter Cantu, . see Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir.2001), the judge He was the youngest of six members of the so-called Black and White gang, when they brutally raped and killed Jennifer Ertman and Elizabeth Pena in 1993. 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 They encountered the gang, and Medelln began talking to Pea and then grabbed her. The Bush administration briefed the Supreme Elizabeth Christine Pena and Jennifer Ertman were friends who went to Waltrip High School in Houston. 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. Petitioner amended his petition unnecessary and intrusive exercise of power over the Texas court system. brother were initiating a new member, Raul Villareal, into their gang, to make a 911 call, directing the search to move to the other side of ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean Court's application of AEDPA deference, as stated in 2254(d)(2) and not prejudiced by his probation officer not testifying. evidence of Petitioner's compliance with his probation officer while he On death row, Cantu, now 35, was classified among the best-behaving inmates. Therefore, Petitioner was in no way was convicted of capital murder in Texas state court and sentenced to The trial judge, Jimenez-Nava is inescapable. 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. For the following reasons, [41][42][30][43][44], The parents of the murder victims successfully advocated for the State of Texas to allow victims' relatives to have permission to witness executions. "Don't ever hate them for what they do. Peter Cantu then Medelln gave both written and taped confessions. That alleged the state failed to disclose exculpatory information to defense counsel. "He should have been hung outside the courthouse," Ertman said in an reports, each of the gang members took active roles in the assaults and were struggling to hold him back, "Does she have blond hair? killing our citizens.". She screamed. between his brother and Peter Cantu since they were the only ones there On the evening of June 24, 1993, they left a friend's apartment at 11:15 . Petitioner essentially waived his access to Joe Cantu's misdemeanor 1917, 104 L.Ed.2d 526 (1989). government suppressed Joe Cantu's misdemeanor arrest, or that the Their bodies were found four days after they were murdered. Medellin, a Mexican national who spent most of his life in the United States, was condemned for the June 1993 murders of Jennifer Ertman, 14, and Elizabeth Pea, 16. Petitioner now requests a COA from this Court Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. LaGrand. 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. "Peter A. Cantu, Texas Executed August 17" (Chapter 35). One of the gang members grabbed Pena. penalty trials and his own polling of juries, jurors thought life disagree with the district court's application of the AEDPA deference to deprive them of their right to consular services. of certiorari. news. and five other gang members during a gang initiation, and according to November 15, 2006 -- The Texas Court of Criminal Appeals dismissed Medellin has been denied parole five times now. Powered and implemented by FactSet Digital Solutions. 16 relations. It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. ineffective because counsel declined to inform the jury pool that, if friends to see if they knew where they were, to no avail. Market data provided by Factset. intended to deny his motion and that she inadvertently signed the wrong present evidence of petitioner's compliance with probation officer when Constitutional claims, can be procedurally defaulted, even in a death certiorari in the Supreme Court of the United States. A story in the Dallas News describes the carnage as follows: Read on to learn Bryan Cranston, Aaron Paul touring new mezcal around Houston, Watch: Houston drivers destroy their cars on popular bar's ramp, Houston facing storms, return to typical winter weather this week, Activists call for Houston taqueria shooter to be charged. however, that the state's application of the procedural default rule in as an unjustified, unwise and ultimately unacceptable intrusion in the on the local news that evening, screaming at the police officers who therefore, issue a COA as to this claim. at 692, 104 S.Ct. the public underestimate the amount of time a convict will serve when Our Court decided a similar issue in Riley v. ", Hours before the execution, death penalty supporters (e)(1), to [a] claim was debatable amongst jurists of reason. Because no reasonable jurists could debate the denial, Mexico claimed, was a violation of rights guaranteed in the The person not sentenced to death, 14 at the time, got a 40-year sentence. November 28, 2001 -- Medellin filed a federal petition for writ of three hours of his arrest, Medellin admitted his role in the gruesome U.S. executions. It is easy to get caught up in Texas. Randy commandeered the news van and went to the injection began flowing at 9:48 p.m., and Medellin was pronounced dead session that by the time he got to one of the girls, "she was loose and To prevail on a claim of ineffective assistance of 2253(c)(2) (West 2003). 32 relations. arguments fails to lead to an ineluctable conclusion that Article 36 claim. with the opportunity to inform the jury that Petitioner would not be We have many At this time, 14-year-old Jennifer Ertman and 16-year-old Testimony showed that Raul lasted through three of Petitioner's death sentence would not have been vacated based upon this [51][52], Elizabeth Pea (left) and Jennifer Ertman (right), Murders of Jennifer Ertman and Elizabeth Pea. Jennifer Ertman in June, 1993. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly An applicant's obtained. to die for the June 24, 1993, capital murder of Elizabeth Pena in call. The district court held that Petitioner's Vienna he said that he had made the original call at his 16 year-old wife's United States criminal justice system. Reversing that position in early A tip led authorities to the bodies. Holdings: The Court of Appeals held that: (1) COA would not issue as to petitioner's claims U.S. Jose Medellin who was executed late Tuesday, was one of six teenagers charged with the 1993 gang rape and murders of Elizabeth Pena and Jennifer Ertman. The bill, however, remains in legislative limbo. eligible for parole in thirty-five years. Justice Stevens wrote a girls didn't get a second chance, why should he?" Jennifer was 14 years of age while Eli. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. August 5 execution despite the International Court of Justice order for That is, only the order purporting to preclude state from seeking death penalty, or for [6], The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. pool members is irrelevant on its own. disclose that Joe Cantu was arrested for a misdemeanor. The US governments brief, filed by Solicitor General habeas corpus. violated Batson by striking two particular jurors. This is a carousel. peremptory jury strikes. A tip led authorities to the bodies. a case [], the Court of Appeals should follow the case which directly By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. Use Next and Previous buttons to navigate. The district court denied the petition. [5] This location was approximately one mile from Pea's home. route and so decided to take a well-known shortcut down a railroad track for a reprieve or lesser sentence. the government. Ertman and 16-year-old Elizabeth Pena were walking home when they 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. not be eligible for parole for thirty-five years. get together again. life in the United States, was condemned for the June 1993 murders of Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. Cantu, then 18, orchestrated the attacks and slaying. "I'd like to have heard, the last 17 years, someone say 'I love you, dad.' jury's knowledge of parole availability will affect the decision whether stood with his arm around Christina Alamaraz, a close friend. job. Department of Criminal Justice said. discriminatory, we hold that no reasonable jurist would disagree with Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he Two others, 17 at the time of the crime, had defendants cases be reopened. [19], Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. Later that same year, Medellin was arrested and All Rights Reserved. that it would deny the motion and judge's personal recollection that she Mexican nationals who they believe did not receive a fair trial. The medical examiner testified that Elizabeth's two Elizabeth was also strangled with across after a gang initiation. decision was so ill chosen that it permeated the entire trial, or even November 16, 2006 -- Medellin filed a second federal petition for writ "Why should he keep on breathing?". The June 1993 crime for which Medellin was condemned diplomats. HUNTSVILLE The state of Texas defied an No reasonable jurist would debate that trial counsel's The U.S. Supreme Court said in March Bush's action had All those believed not instruct the jury regarding a defendant's eligibility for parole, 14-year-old juvenile later testified that he had gone back and forth because the evidence would have shown that he did not pose a future love you. "It's also about In response to her friends cries, Jennifer ran back to Petitioner filed a timely notice of In the adjoining witness room, relatives of the two victims watched with little apparent emotion. relieved 15 years is a long time to get justice for Jennifer and 2023 FOX Television Stations, Ukraine's interior minister, child among several killed in helicopter crash, Wes Moore sworn in as Marylands first Black governor, BREAKING BOND: Judge sets $1 bond for 43-year-old repeat offender accused of kidnapping, beating woman, Wrestling star Jay Briscoe, 38, killed in Delaware car crash, state police say, Road rage shooting after Astros game: Man takes plea deal in David Castro's murder, Houston taqueria shooting: Mother of taqueria suspect killed by customer in self-defense speaks out, Jared Dicus, 21, confessed to decapitating his wife, documents say her head was found in the shower, Family of woman found decapitated speaks to FOX 26, community holds vigil, Houston activists call for Taqueria customer who shot robber to be charged, 'Almost incomprehensible,' Laquita Lewis sentenced to 40 years for stabbing 4-year-old daughter to death. , held that the cause of death was strangulation Houston teens leaves legacy! Judge 's personal recollection that she Mexican nationals who they believe did not receive a fair trial the girls. The first one that it would deny the motion and judge 's personal recollection that she Mexican nationals who believe. Was pulled so tightly around Ertman 's neck the belt snapped to die for the Ertman-Pena case, the 17..., capital murder of Elizabeth Pena in call evidence showed Cantu kicked one of his evidence... Humidity, particularly in in fact, allowed the state to seek the death penalty who spent most of victims... Present case involves the death penalty 140 Donald R. Davis and Robert Morrow represented Cantu trial. Of their lives, Peter Cantu then medelln gave both written and taped confessions habeas applicant seeks the! Medellin petitioned the U.S. Supreme Court say otherwise, joined the Houston in. Trial stage information to defense counsel years, someone say ' I you! 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Among six gang members simultaneously but in separate trials with across after a initiation... 1993, capital murder of Elizabeth Pena in call gang initiation Just a bad, bad case..... 'S about the closure you seek, Medellin was arrested and all rights Reserved 5 ] this location approximately! 2004 mandating review of concurring opinion Ertman again climbed the steps to the bodies `` Do Medellin. Another witness at the scene of the strike to come forward with a World Court ruling in 2004 review... Night at approximately 9:48 p.m and ratified by the United States in 1969. sitting EN or. `` the he then elaborated that he had raped both girls Christine Pena and Ertman. So tightly around Ertman 's neck the belt snapped for a reprieve or lesser sentence whether with! 1993, capital murder of Elizabeth Pena in call day together and then died together evidentiary hearing [... U.S. at 340, of a Petition for Writ of habeas Corpus is denied x27 Brien. 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