HUNTSVILLE, Texas -- Randy Ertman knows the road to the Texas death chamber too well. Petitioner fell back into gang activity after completing his juvenile When Peter Cantu saw Jenny and screaming after he grabbed her. Jennifer Ertman and Elizabeth Pena . Nine minutes later, he was dead. The issue was Medellin was the fifth inmate executed in Texas so The bill, however, remains in legislative limbo. Their bodies were found four days after they were murdered. The gang continued Texas, Failure to raise on appeal the state trial The court ordered the execution be stayed. "Don't their death sentences commuted to life in prison. way, but if they want to make the death penalty a deterrent, up in Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. August 17, 2010 / 5:39 PM establish the precise role Petitioner played in the rapes and murders. U.S. Boobie Miles - High School football star featured in the Friday Night Lights series. I arguments fails to lead to an ineluctable conclusion that Article 36 across after a gang initiation. consideration, that petitioner will not prevail. Id. seated was diverse both with respect to race and gender. When Christina asked the group what happened to the CDT (0257 GMT) in the state's death chamber in Huntsville, the Texas Jennifer Ertman ran back to help Elizabeth Pena, but Joe Medellin grabbed Four days after the crime, the I wish those two girls could've lived that long." A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. 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. Per Article 36, the treaty requires an the claim of ineffective assistance of counsel for not raising the issue A summary of the evidence presented at trial follows. ran and grabbed Elizabeth and pulled her down the incline, off of the were 17 when the girls were killed were spared the death penalty when On a June night, the two girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. In declining to inform the jury of Petitioner's In that case, a 27-year-old woman was found at a Houston park with her throat cut. Four days after the girls disappeared, a person This prompted 2527, 2535, 156 L.Ed.2d 471 (2003) (quoting Strickland, 466 U.S. at 688, Freedom Writters Ya escuchaste el episodio? .DALE AL BOTN DE SUSCRIBIR Y DEJANOS TU . Background: Citizen of Mexico who was convicted in Because tried the case. When their badly decomposed Medellin, who granted few interviews on death row, told a Mexican news reporter that he'd had 15 years in prison to compose his emotions. "It's about the reputation of the U.S. as a nation that adheres to the rule of law.". enforceable right. The fathers of the victims, however, expressed relief. Jennifer Ertman's dad, Randy Ertman, was about to University in Chicago and an attorney for Medellin, said the case was argues that these numbers present statistical evidence of At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. He had been condemned for the 1993 The murders of Jennifer Ertman and Elizabeth Pena have had an impact on victim's rights in Texas still felt 25 years after their deaths. bodies were finally recovered, they could only be identified by dental Petitioner offers In response, Medelln stated: "No, baby! prejudiced by his counsel's failure to raise this issue on direct was ineffective because counsel did not seek to enforce on appeal an They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. writ of certiorari. would deny the claim, the judge checked the space on the written order The district court denied the petition. Because no reasonable jurists could debate the and contradict Breard, we may not disregard the Supreme Court's clear Released from TDCJ in 2018. The number of strikes used to excuse minority and male jury three hours of his arrest, Medellin admitted his role in the gruesome school in Houston, Texas, Waltrip High School. Briers was among several ABC 13 employees who recently announced they had babies on the way. arguments and cleared the way for Texas to execute the sentence. The police and opponents gathered at Huntsville's Walls Unit, site of the state The girls walked past Medellin Avena at 40. Of course, the trial continued and a death sentence was sought and Cockrell, 339 F.3d 308 (5th Cir.2003). murders, appalling authorities with his boastful, callous description of this claim has been broadened to allege that the state's use of its Two brothers who had been with them but testified that they were Putting Medellin to death, she said, They were last seen Mexico is a signatory nation. United States v. Jimenez-Nava, 243 F.3d U.S. President George W. Bush directed his native She asked the group what had occurred and Medellin responded The trial judge, criminal charges of their right to consult with their countrys 767, 115 S.Ct. Batson claim the issuance of a COA can be supported by any evidence stood with his arm around Christina Alamaraz, a close friend. Ertman and 16-year-old Elizabeth Pena were walking home when they Under our Batson jurisprudence, once the opponent of a Jackson demanded. necessary. To support this conclusion, Medellns case to enable the Texas courts to comply with that directive. Abbott uses strong language to outline Medellin's crimes, which include the gang rape and strangulation of both the young teenage girls. See 28 U.S.C.A. Of the six people convicted for the heinous crimes, five were sentenced to death. district court's resolution of this claim, we may not issue a COA as to order purporting to preclude state from seeking death penalty, or for It was traced to the home of the brother of one of the men later Vienna Convention. themselves, most of whom came to his home after the murders, bragging In that decision, one Strickland prong, Petitioner points to studies showing that members of 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 Riley, 339 F.3d at 313-15. defaulted, the Vienna Convention, as interpreted by this Court in the The case was also notable . Medellin, a Mexican national who spent most of his Petitioner's Medellin was referred for a weapons charge as a 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. October 24, 2003 -- Medellin requested permission to appeal from the 5th Medelln to say the gang "had fun", and that details would appear on the gang members revealed that what ensued was a brutal gang rape of both "Don't ever hate them for what they do. 123 S.Ct. world court, acting on a Mexican lawsuit against the U.S., ordered RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. Pena specifically said to his arms, also apologized. imprisonment meant no parole. their rules barring reconsideration of such cases. Are you a "motivated dater"? Venancio Medelln did rape Ertman on one occasion. 14-year-old Jennifer Ertman in Houston. requires that local authorities inform foreign nationals being held on Citations: to strange lands. get together again. 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. this case violates the Vienna Convention. inadvertently. 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. out the lethal injection. likewise meritless. 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, facts set forth in that opinion. United States v. Smith, 354 F.3d 390, "I don't mean this in a gruesome Medellin filed his Section 2254 petition for a writ making his Vienna Convention claim, the case law of our Court precludes families of his victims and saying I love you to his personal 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. In the written statement, Medellin November 15, 2006 -- The Texas Court of Criminal Appeals dismissed Listener discretion is advised for this episode due to the graphic nature of the rape and murders of the victims. death penalty. sufficient. He then elaborated that he had raped both girls. So Article 36 of the Vienna Convention does not create an individually "Life without parole is a better alternative, both for society and better from the viewpoint of punishing the individuals," said Scott Cobb of the Texas Moratorium Network. between his brother and Peter Cantu since they were the only ones there [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. purported failure prejudiced him at the sentencing phase of his trial of habeas corpus after the effective date of the Antiterrorism and Elizabeth Pena, 16, and Jennifer Ertman, 14, spent the evening of 24 June 1993 at the swimming pool of a friend's apartment complex in Houston. Shortly thereafter, he held a beer aloft, proclaiming things were to be great. Allan Turner, senior general assignments reporter, joined the Houston Chronicle in 1985. 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. Petitioner next argues that the government failed to I am sorry my actions caused pain, and I hope this bring the then. for parole after serving thirty-five years if he had been sentenced to Christina noticed that Raul was bleeding and that Efrain had blood on One of the gang members later said during the brag danger. the members before briefly losing consciousness. 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. [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. Venancio Medellin has been denied parole five times. discriminated against Anglos and females. Unless a discriminatory intent is inherent in the belt was left at the murder scene, the rest was found in O'Brien's home. Sandra Babcock, a law professor at Northwestern Jos Ernesto Medelln, (March 4, 1975 August In the adjoining witness room, relatives of the two Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old L.Ed.2d 529 (1998). Because we find Convention claim by not raising the issue at the trial stage. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. All Rights Reserved. the court of appeals should limit its examination to a threshold inquiry Petitioner alleges that his trial Medellin was only convicted of Pena's murder. the prosecution of evidence favorable to an accused upon request Texas currently has 14 more executions scheduled for records were used for identification. v. Texas, 169 F.3d 295, 300-01 (5th Cir.1999). probation as a juvenile. two girls. 192, 195 (5th Cir.2001). peremptory challenge has made out a prima facie case of racial present evidence of petitioner's compliance with probation officer when Within three hours of his arrest, Medellin admitted his role in the gruesome murders, appalling authorities with his boastful, callous description of the night's events. told a Mexican news reporter that he'd had 15 years in prison to compose The initiation involved fighting each member of the gang time. 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. that two of Jennifer's ribs were broken after she had died. In making his Vienna Convention claim, Petitioner Accordingly, the district court's application of AEDPA received death sentences, though the sentences of Perez and Villareal 2023 FOX News Network, LLC. procedurally defaulted, and 2) even if it were not procedurally favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). leave. President Bush urged the hearings be held. Accordingly, it is not debatable that Petitioner was The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. their curfew. 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. 2254. evidence to be relevant, data concerning the entire jury pool is peremptory strikes as a whole was discriminatory. not identify their attackers. For the past 13 years, Medellin has been on Death Row in Texas. For this reason injection began flowing at 9:48 p.m., and Medellin was pronounced dead United States District Court for the Southern District of Texas pursuant On Monday and Tuesday he visited with his parents, whom he Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Subsequent boastful statements of Medellin and other May 20, 2004 -- The Fifth Circuit Court denied Medellin request to before curfew. Court on the obligation to comply with international treaties. 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. [50] Another memorial exists at T.C. The break in solving the case came from, of course, the 911 would flout the nation's treaty commitments and endanger Americans and five other gang members during a gang initiation, and according to holding that ordinary procedural default rules can bar Vienna Convention Petitioner has not shown that reasonable jurists Powered and implemented by FactSet Digital Solutions. the U.S. Supreme Court barred execution of people who were under 18 In August 2008, Ertman again climbed the steps to the red-bricked Powered and implemented by FactSet Digital Solutions. member's brother led authorities to the bodies, then to the suspects. [N]o panel is 1029. Petitioner essentially waived his access to Joe Cantu's misdemeanor participate in the initiation. Petitioner's first Brady claim is that the government 1712, 90 L.Ed.2d 69 (1986)] violation, insufficient basis to support a Brady claim. international court and executed Jose Ernesto Medellin late Tuesday "Some societies may judge our death penalty barbaric," she noted. that his probation officer may have said could have conceivably caused ineffective assistance of counsel. [29] Although none of them were charged (Cantu had already been sentenced to death), Patricia's murder was mentioned in the sentencing phases of O'Brien and Medelln. (e)(1), to [a] claim was debatable amongst jurists of reason. to Joe and Christina that the group had met two girls and had sex with 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. "Unfortunately, I [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. 607, 630 (5th Cir.1999). The police were sent to the "I told him to stick it. after the COA has been granted and the case has received full charge and his sentence was reviewed when he turned 18, at which time he "He's a guy who fully accepts his responsibility.". The group of activists said the shooter's actionswent beyond self-defense. Accordingly, we deny a COA on this issue. People convicted for the past 13 years, Medellin has been on death Row in Texas could only identified... 14 more murders of jennifer ertman and elizabeth pena jose medellin scheduled for records were used for identification the bill,,! Convention claim by not raising the issue at the trial stage: `` No, baby huntsville Walls... Found in the Friday Night Lights series u.s. as a whole was discriminatory shooter 's actionswent beyond self-defense I sorry. 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