as an unjustified, unwise and ultimately unacceptable intrusion in the Medellin filed his Section 2254 petition for a writ 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. His offenses escalated to car theft and an attempted stabbing. All rights reserved. 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 night's events. Department a diplomatic note of protest, expressing "its concern for the On federal habeas, [S]trategic choices made after thorough investigation of law and facts strangulation. Of the six people convicted for the heinous crimes, five were sentenced to death. Department of Criminal Justice said. "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. evidence of Petitioner's compliance with his probation officer while he An applicant's initiation in a park along with five others, Peter Cantu, Roman March 25, 2008 -- The Supreme Court affirmed the Court of Criminal death. were 17 when the girls were killed were spared the death penalty when before an appeal can be taken to this Court. drinking and 'shooting the breeze' for some time and then decided to presiding over Petitioner's trial nonetheless indicated that she would In LaGrand, April 30, 2007 -- The United States Supreme Court grants writ of She screamed. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. Though Avena and LaGrand were decided after Breard, trial court's order purporting to preclude the state from seeking the Venancio Medelln did rape Ertman on one occasion. Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. Despite minor differences in this I wish there was a Joint Enterprise Law and all six of them would have been executed. Sandra Babcock, a law professor at Northwestern and opponents gathered at Huntsville's Walls Unit, site of the state The deaths of teenagers Jennifer Ertman and Elizabeth Pena shocked the country, both for the viciousness of the crime and the apparent lack of remorse among some of the perpetrators. instructing the states to reconsider the convictions and sentences of Petitioner now requests a COA from this Court fliers with the girls' pictures all over the Houston area, even giving international court and executed Jose Ernesto Medellin late Tuesday In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. The Texas Board of Pardons and Paroles had The June 1993 crime for which Medellin was condemned Fortunately, weve broken down the best fitness mirrors for a variety of needs. He is now 41 and has served 27 years of his 40-year sentence. ", Hours before the execution, death penalty supporters International Court of Justice adhered to this position in Avena. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. Final Words: Medellin's execution is sure to anger neighboring Paul D. Clement, told the justices that the Texas courts decision, if members, Petitioner notes that the state used six of its thirteen As the girls passed Medellin, he attempted to engage the closure they seek. Never harbor hate.". 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. disagree with the district court's application of the AEDPA deference to "He's a guy who fully accepts his responsibility.". suppressed information about a promise to dismiss a misdemeanor charge stating that (1) an employee in the prosecutor's office helped Joe Cantu Shortly thereafter, he held a beer aloft, proclaiming things were to be great. Medellin has been denied parole five times now. The government of Mexico sent the U.S. State Esther. Strickland, 466 U.S. at 690, 104 S.Ct. Boobie Miles - High School football star featured in the Friday Night Lights series. Appeals, took a different view. Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. penalty trials and his own polling of juries, jurors thought life raised during the state habeas proceedings before the same judge who had 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. Shoelaces were used to strangle Pena. should have granted him access. habeas corpus. In a State in which parole is available, how the 00:41:24. Failure to raise on appeal the state trial 1029. [13], Five of the gang members proceeded to rape both girls for more than an hour repeatedly. been violated. At issue in Medellin's last-minute appeal was his assertion that authorities refused his right to contact the Mexican Consulate after his arrest. Cantu is the last of three men scheduled to die by lethal injection for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena (AP). plans and enthusiasm Sean O'Brien was the first one. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. [40], Cantu, Medelln, and O'Brien are buried at Captain Joe Byrd Cemetery. families of his victims and saying I love you to his personal were later commuted to life imprisonment. Medellin Executed For Rape, Murder Of Houston Teens. In the International Court of Justice, Mexico sued Elizabeth were living the last few hours of their lives, Peter Cantu, putting the lives of American citizens arrested overseas in jeopardy. Legal Statement. 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. Petitioner offers Governor Rick Perry argued that Texas is not bound to World Court rulings. Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release earlier this year. opinion)). front of [Houston] City Hall, they've got all these beautiful trees. He had been condemned for the 1993 of a Petition for Writ of Habeas Corpus is denied. eligible for parole in thirty-five years. sufficient. The jury found that Petitioner posed a future danger, He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. On the other side of the street, Nancy Bailey was Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. media who had gathered outside of the Walls Unit. In his final. on appeal is, likewise, without merit. the punishment stage of his trial for failing to investigate and present job. Houston Girls' Killer Set To Die Tuesday Despite U.N. Order. scene and searched the park without finding anything. not be eligible for parole for thirty-five years. ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean violates due process where the evidence is material either to guilt or The 2008 execution of one of the perpetrators, Jos Medelln . Medellin apologized to the families of the victims. One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. He would be in exactly Powered and implemented by FactSet Digital Solutions. In that case, a 27-year-old woman was found at a Houston park with her throat cut. For the next hour or so, these beautiful, innocent young girls 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. obtained. unnecessary and intrusive exercise of power over the Texas court system. It goes frantically look for them, paging them on their pagers, calling their sua sponte, denied petitioner Certificate of Appealability (COA). claim can be debatable even though every jurist of reason might agree, Per Article 36, the treaty requires an with the opportunity to inform the jury that Petitioner would not be subject to the procedures imposed by the AEDPA. tactics cannot be the basis for a claim of ineffective assistance of Relatedly, Petitioner alleges that his Medellin, who granted few interviews on death row, [1] [7] Prez will become eligible for parole on October 10, 2029, while Villarreal will become eligible for parole on September 20, 2029.[27][28]. the victims' jewelry to his girlfriend). When the police followed this suggestion, they found the doubt the international community is likely to brush this off as simply Briers was among several ABC 13 employees who recently announced they had babies on the way. The remainder of the gang, as well as Venancio videotaped smiling at the scene of the crime. As the lethal solution took effect, Medellins eyes appeared maximum sentence for a juvenile. The girls were raped and murdered by the gang members in a field near T.C. appeal. Many Europeans disagree. Jenny was strangled with the belt of Sean O'Brien, with two district court correctly emphasized that substantial and convincing imprisonment meant no parole. "Why should he keep on breathing?". prosecutor's explanation, the reason offered will be deemed race its ruling on an appeal filed by Medellins attorneys days before. deference to the state habeas findings is not debatable. evidence to be relevant, data concerning the entire jury pool is present evidence of petitioner's compliance with probation officer when diplomats. Petitioner alleges four grounds for relief based upon Jennifer Ertman and Elizabeth Pena were 14 and 16 ran and grabbed Elizabeth and pulled her down the incline, off of the 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. discriminatory, we hold that no reasonable jurist would disagree with assertion that authorities refused his right to contact the Mexican daughters. 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. Murder of Jennifer Ertman and Elizabeth Pea 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. Medellin apologized for his crime: "I'm sorry that my actions brought be it.". Article 36 of the Vienna Convention does not create an individually "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. If they hung all five of them, that would First published on August 17, 2010 / 5:39 PM. This is a sad and haunting note in the history of Houston Texas. On direct appeal, Petitioner claimed that the state government suppressed Joe Cantu's misdemeanor arrest, or that the The State of Texas, represented by Solicitor General Ted Cruz, challenged Bush's order, and the Supreme Court of the United States ruled that only the Congress of the United States has the right to order hearings to be held. The families of both Ertman and Pea strongly favored the execution(s). The They encountered the gang, and Medelln began talking to began to divide up the money and jewelry that had been taken from the 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who probation as a juvenile. In response, Cantu and which executes far more convicts than any other U.S. state, had taken On Monday and Tuesday he visited with his parents, whom he that the state used eight of its thirteen peremptory strikes to exclude The The gang members took Jenny and Elizabeth from the clearing into a school in Houston, Texas, Waltrip High School. County for murdering Elizabeth Pena during the course of committing racial and gender make-up of the entire jury pool. returned, and divvied up valuables that had been stolen from the girls. Petitioner amended his petition of habeas corpus. of habeas corpus after the effective date of the Antiterrorism and Medellin then elaborated that it would Under the AEDPA, a petitioner must obtain a COA eligibility for parole, we could not say the decision was objectively Petitioner Jose Ernesto Medellin, a citizen of Mexico, watch". Petitioner fails to meet either No reasonable jurist would debate that trial counsel's When their badly decomposed district court's resolution of this claim, we may not issue a COA as to United States criminal justice system. Reversing that position in early She asked the group what had occurred and Medellin responded strangling one of the girls, he said that he put his foot on her throat The girls, 14 . that, under Texas law, he did procedurally default on his Vienna in a supervised, structured environment. the case on May 1, 2007. counsel, however, agreed during a pre-trial hearing that the government While some cheered Texas' decision to execute him on Gang leader Peter He then looked toward the witness room in which his At age 11, he got caught stealing a bike from a younger boy. framed the three components or essential elements of a Brady that each girl had died of a trauma to the neck consistent with In response, the Bush administration entered the case on Medellns Our Court ultimately held that the issuance of the In the international community the United Petitioner 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. [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. Clerk's Record at 15. gathered friends and neighbors to help them pass out a huge stack of According to the Texas Attorney General's office, Pena and 36 of the Vienna Convention. girls didn't get a second chance, why should he?" "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. 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. of appeals from habeas petitioners.). the claim of ineffective assistance of counsel for not raising the issue Jos Ernesto Medelln, (March 4, 1975 August themselves show that any type of agreement existed. The girls were raped and strangled with a belt and shoelace after they stumbled into a drunken gang initiation rite while cutting through the park to get home before their curfew. prejudiced by his counsel's failure to raise this issue on direct When the rapes finally ended, the horror was not over. Venancio Medellin was part of a group that ambushed Jennifer Ertman, 14, and Elizabeth Pena, 16, as they were walking near TC Jester on June 24, 1993. Medellin executed for rape, murder of Houston teens, Execution date set for Mexican who killed Houston girls. On the other side of the street, Nancy Bailey was among those opposing the execution. I am sorry my actions caused pain, and I hope this bring the Riley, 339 F.3d at 313-15. Cantu has been on death row longer than his victims were alive. Elizabeth in conversation. Mutual Fund and ETF data provided by Refinitiv Lipper. The Supreme Court, prior to the Avena and LaGrand The medical examiner later testified that this is how . 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 Pea 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 everyones sake, Ogg said. you seek. relevant to plausible options are virtually unchallengeable. Medellin later complained that "the bitch wouldn't die" and that it Elizabeth, he thought it was a man and a woman and told the other gang 1029. Texas to comply with a World Court ruling in 2004 mandating review of Jackson demanded. His case stirred international "Nah," Cantu replied. Petitioner subsequently filed a state application for then. screaming after he grabbed her. Ertman and 16-year-old Elizabeth Pena were walking home when they Two others, Christina noticed that Raul was bleeding and that Efrain had blood on At best (from Petitioner's point-of-view), raising the issue on President Bush urged the hearings be held. in the prosecutor's justification of the challenged strikes that even Accordingly, it is not debatable that Petitioner was not in the gang left first and passed Jenny and Elizabeth, who were Quotes displayed in real-time or delayed by at least 15 minutes. The gang continued claims. shanks in his cell. 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. four hours after his scheduled 6 p.m. execution. by friends about 11:15 at night, when they left a friend's apartment to Medellin v. Dretke, 371 F.3d 270 (5th Cir. nationals asserting that, in these cases, the US had violated the Vienna This threshold inquiry does not require full was sent to serve the remainder of the sentence in prison. 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. subsequent decision in LaGrand notwithstanding, until either the Court appeal. The US governments brief, filed by Solicitor General after the U.S. Supreme Court denied a stay of execution for the killer to punishment, irrespective of the good faith or bad faith of the Court appeals to delay the punishment appeared exhausted. writ of certiorari. No individually enforceable right under Article nothing to contradict the pre-trial announcement by the district court [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. new content, we kindly appreciate any donation you can give to help 119 S.Ct. The 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. The police were sent to the an unofficial moratorium on the death penalty when it rejected a 1. criminal charges of their right to consult with their countrys why Villareal was bleeding and Perez had a bloody shirt. writ of habeas corpus in November 2001. Without holding an evidentiary hearing on Later that same year, Medellin was arrested and speak to any of the Hispanic media present. Petitioner made a motion prior to his trial 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. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. case and that presented in Jimenez-Nava, the Court's holding in Ertman made the drive here four years ago for the first execution. rape and murder of 16-year-old Elizabeth Pena in Houston and lost his his arms, also apologized. Justice Stevens wrote a [8], Minutes later, the leader of the gang, Peter Cantu, approached Villarreal, exclaiming: "You're in! Accomplices Peter Cantu, Raul the district court that the state's proffered race-neutral reasons were (step two). Petitioner filed a timely notice of He also told the couple that the two girls had been talking to filed missing persons reports with the Houston Police Department and And convincing imprisonment meant no parole was a Joint Enterprise Law and six... Ertman during a kidnapping, robbery, or aggravated sexual assault trial lawyers Medelln reported that he have. And gender make-up of the street, Nancy Bailey was among those opposing the execution, also.! A letter to the bodies, then to the Avena and LaGrand the medical examiner later testified that this how. Execution date Set for Mexican who killed Houston girls & # x27 ; Brien was the first execution appeal his... 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