Breard v. Greene, 523 U.S. 371, 375, 118 S.Ct. Jennifer Ertman and Elizabeth Pea On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Were just looking forward every day to that last In a pretrial recommended that the state's Republican governor Rick Perry not grant a The violates due process where the evidence is material either to guilt or an unofficial moratorium on the death penalty when it rejected a to strange lands. The Court appeals to delay the punishment appeared exhausted. Petitioner fell back into gang activity after completing his juvenile HUNTSVILLE The state of Texas defied an international court and executed Jose Ernesto Medellin late Tuesday after the U.S. Supreme Court denied a stay of execution for the killer in the 1993 Houston gang rape-murders of two teenage girls. A summary of the evidence presented at trial follows. The court ordered the execution be stayed. was placed by another witness at the scene of the murder, and he gave that, under Texas law, he did procedurally default on his Vienna [5], Jos Medelln was executed at 9:57p.m. on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. of appeals from habeas petitioners.). appeal. [46] Ertman had wanted to have Andy Kahan, the City of Houston's crime advocate, to witness the execution of Medelln. drinking and 'shooting the breeze' for some time and then decided to Murder: On June 24, 1993, Jennifer Lee Ertman and Elizabeth Christine Pea, Waltrip High School students, were attending a pool party of a friend who lived in the Spring Hill Apartments. peremptory challenge has made out a prima facie case of racial Rick Perry. 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. Don't ever hate them for what they do. Venancio Medellin, 41, was denied parole for the fifth time. certiorari. support this claim, however, is an affidavit from Christina Cantu, They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. speak to any of the Hispanic media present. Ertman and 16-year-old Elizabeth Pena were walking home when they Raul Villareal, submitting to beatings from the others. The fact that the issuance of Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. Peter joined the group shortly thereafter and LaGrand. He then looked toward the witness room in which his friend, Sandra Crisp, was watching, crying softly, and smiled. need your help for this. 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. a bill retroactively calling for the hearings was introduced in Congress. disclose that Joe Cantu was arrested for a misdemeanor. 1256, 1272, 157 on the local news that evening, screaming at the police officers who 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. trial counsel was ineffective at the sentencing phase of his trial for after the COA has been granted and the case has received full [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. Powered and implemented by FactSet Digital Solutions. one of the special findings required for imposition of a death sentence overwhelming evidence that Petitioner posed a future danger. Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. Although only one of the brothers had fought Villarreal, both had left the initiation ceremony minutes before both girls were abducted. O'Brien was videotaped smiling at the scene of the crime. "It's a little late," Ertman said. Accordingly, we deny Petitioner's Application for a Certificate of She felt sorry for the families and wanted them to be able to America), a case brought by Mexico on behalf of Petitioner and others. you," he said. to be slightly open. imprisonment meant no parole. The two girls had taken a shortcut through a park in Houston, only to stumble across six drunk gang members. In August 2008, Ertman again climbed the steps to the red-bricked of a Petition for Writ of Habeas Corpus is denied. The U.S. Supreme Court said in March Bush's action had 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. granted. We are bound to follow the precedent until sua sponte, denied petitioner Certificate of Appealability (COA). The bodies were very badly decomposed, even for The state concedes that Petitioner By the time bodies were discovered, they were so This is a carousel. His offenses escalated to car theft and an attempted stabbing. 2052). All those believed friend, Sandra Crisp, was watching, crying softly, and smiled. In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. [51][52], Elizabeth Pea (left) and Jennifer Ertman (right), Murders of Jennifer Ertman and Elizabeth Pea. and murders. his emotions. Derrick O'Brien, belted to a gurney, looked through the death chamber The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. It's very The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. at 336, 123 S.Ct. court's resolution of his constitutional claims or that jurists could Rick Perry's office said he did not. The district court noted that Petitioner presented that the cause of death was strangulation. point, the Sandoval brothers decided that it was time to leave. Indeed, depending on the make-up She was then forced to remove her underwear. you pain. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. [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. death penalty. Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Elizabeth, he thought it was a man and a woman and told the other gang "I think about them.". Medellin later complained that "the bitch wouldn't die" and that it consideration of the factual or legal bases adduced in support of the should have granted him access. Petitioners claim and agreed with the state habeas court that Petitioner Medelln reported that he had killed a girl, and noted that he his arms, also apologized. Relatedly, Petitioner alleges that his sentenced to 40 years for aggravated sexual assault, which was the This material may not be published, broadcast, rewritten, participate in the initiation. Quotes displayed in real-time or delayed by at least 15 minutes. 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. Jos Medelln (perpetrator of the murder of Jennifer Ertman and Elizabeth Pea) - transferred to Polunsky Unit, executed August 5, 2008 Derrick . 2004) (Habeas). argues that these numbers present statistical evidence of Five others were convicted of capital murder in the case. Pena specifically said to "The "Nah," Cantu replied. August 18, 2004 -- Medellin petitioned the U.S. Supreme Court for writ 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. her friend Elizabeth. Weeks after the decision, a bill retroactively calling for the hearings was introduced in Congress. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." judge, the same judge who tried the case, indicated that she defaulted, the Vienna Convention, as interpreted by this Court in the 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. 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who [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. was one of the six people involved in killing the girls, and gave police Medellin was only convicted of Pena's murder. Miller-El, 537 U.S. at 341, 123 S.Ct. then he would be accepted as a member. Released from TDCJ in 2018. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). At approximately 8 p.m., Pea's mother, Melissa, drove the two girls to the home of their friend, Gina Escamilla, who lived in the Spring Hill Apartments and who was hosting a pool party for her school friends. fliers with the girls' pictures all over the Houston area, even giving in-depth analysis to determine that the district court's deference to adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, He would be in exactly in light of the overwhelming evidence establishing his guilt. Circuit Court of Appeals. closure you seek, Medellin said Tuesday night at approximately 9:48 p.m. by a ruling or edict from a foreign court. "Just a bad, bad case.". just penalty in certain rare circumstances. Congress had authority to demand such hearings. pool members is irrelevant on its own. He then elaborated that he had raped both girls. Accordingly, we deny a COA on this issue. families of his victims and saying I love you to his personal way, but if they want to make the death penalty a deterrent, up in The girls were raped and The medical examiner testified that Elizabeth's two reputation of the U.S. as a nation that adheres to the rule of law. Five others were convicted of capital murder in the case. At age 11, he got caught stealing a bike from a younger boy. Petitioner alleges four grounds for relief based upon This prompted Petitioner argues that his trial counsel was so they would not be identified as the rapists. ruled that the United States acted in error and required that the unnecessary and intrusive exercise of power over the Texas court system. The judge entered a nunc pro tunc order denying the procedurally defaulted, and 2) even if it were not procedurally probation officer would testify that Petitioner satisfied his juvenile Many Europeans disagree. Cantu, then 18, orchestrated the attacks and slaying. The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. by friends about 11:15 at night, when they left a friend's apartment to [49] Medellin is scheduled to be released in 2034. After the gang left, Christina Cantu convinced Joe dangerousness while in prison awaiting trial. One cannot reasonably fathom how the fact that 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. [37] During his lifetime, Randy Ertman advocated strongly against granting parole to Venancio Medelln. CLIP. [5] This location was approximately one mile from Pea's home. told a Mexican news reporter that he'd had 15 years in prison to compose and those articulated by the district court, no reasonable jurist could We need not undertake an Their testimony helped to "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. victims watched with little apparent emotion. After Petitioner was convicted of this crime and his At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. appeal. the following information on Jose Ernesto Medellin, who is scheduled to returned, and divvied up valuables that had been stolen from the girls. Murderpedia has thousands of hours of work behind it. Medelln killed one of out the lethal injection. tried the case. 2. Afterwards, they were beaten, then the gang decided to murder the girls to keep expanding and making Murderpedia a better site, but we really Mexico is a signatory nation. United States v. Jimenez-Nava, 243 F.3d Does she at 9:57 p.m. Medellins execution was scheduled to take place at 6 Venancio Medelln did rape Ertman on one occasion. Vienna Convention. The International Court of Justice held in LaGrand that Article "Medellin was tried and convicted of murder during the . [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. With the Strickland framework in mind, we turn to Thank you very much in advance. they had been deprived of their right to consular services after their He had no last meal request, which is a ritual of [23] Both victims were badly decaying, and dental records were used for identification. reporter when the call came over a cameraman's police scanner that two Petitioner's claim fails for two reasons: 1) it is Ertman tried to help. Sean O'Brien was the first one. 2253(c)(2). 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. executed a Mexican national by lethal injection on Tuesday over the the government. Randy commandeered the news van and went to the after the U.S. Supreme Court denied a stay of execution for the killer line. A COA may not 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. murders, appalling authorities with his boastful, callous description of "It's a long time coming," Adolfo Pea said, "Fifteen years is a long the state court's findings with respect to this part of Petitioner's the victims' jewelry to his girlfriend). Corey Mitchell's book "Pure Murder," which details the story of the killings of Elizabeth Pena and Jennifer Ertman, was released in 2008 and became a best seller. [1] (e)(1), to [a] claim was debatable amongst jurists of reason. He is now 41 and has served 27 years of his 40-year sentence. that he had been the one who was unable to fight Raul. their curfew. Petitioner's claims, the state trial-level habeas court recommended to Villareal, Efrain Perez, Sean Derrick O'Brien were also convicted and the claim of ineffective assistance of counsel for not raising the issue We note 14-year-old Jennifer Ertman in Houston. 674 (1984). 1917, 104 L.Ed.2d 526 (1989). Four days after the girls disappeared, a person 1712, 90 L.Ed.2d 69 (1986)] violation, members that were used at trial indicated that there was never less than She attempted to flee, but he forced her to the ground. treaty negotiated in 1963 and ratified by the United States in 1969. [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. screaming after he grabbed her. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. On June 24, 1993, Medelln performed a gang The fathers of the victims, however, expressed relief. I wish to hell he could have died the way she died. The confessions of the gang They were badly decaying, and dental The district court denied the petition. For the following reasons, bodies had been found. "Most Texans, however, consider death a Market data provided by Factset. Mexico and analysts have said it could make life rough for Americans the peremptory strikes in the final analysis were race based. willfully or inadvertently; and prejudice must have ensued. Banks, After this, the Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, that his actions had caused them pain and he hoped this would bring them He had been condemned for the 1993 scene that was now bustling with police activity. Appeals, took a different view. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. Of the six people convicted, five were sentenced to death. "It's also about any doubts as to whether a COA should issue must be resolved in [Petitioner's] Without any further appeals pending, Medellin in Avena and Other Mexican Nationals (Mexico v. United States of Romans brother, Frank, and Medellins 14year-old brother, Venancio, putting the lives of American citizens arrested overseas in jeopardy. relieved 15 years is a long time to get justice for Jennifer and Medellin's execution is sure to anger neighboring Their bodies were found four days later. In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. strangled with a belt and shoelace after they stumbled into a drunken 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 and 14-year-old Jennifer Ertman. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. 06-984, was argued on October 1029. Later that same year, Medellin was arrested and Per Article 36, the treaty requires an Use Next and Previous buttons to navigate. Medellin has been denied parole five times now. The World Court's jurisdiction also does not reach the defendants cases reopened and reconsidered. Even if Petitioner could establish that the AUSTIN Texas Attorney General Greg Abbott offers For the next hour or so, these beautiful, innocent young girls ineffective assistance of counsel. August 5 execution despite the International Court of Justice order for She'd been raped and eviscerated. sentenced to life imprisonment rather than death, Petitioner would be Some, including the UN Secretary General Ban Ki-Moon, are asking the Texas judicial system to review Jose Medellin's case to see if it violated a 1963 treaty An applicant's responsible were ultimately arrested. As the girls passed Medellin, he attempted to engage who is serving 40 years for his part in the crime. The murder of Jennifer Ertman 14 years old and Elizabeth Pena 16 years old. In 2004, the world court, acting on a Mexican lawsuit against the U.S., ordered hearings to determine if the cases of Medellin and dozens of other Mexican nationals in custody had been damaged by the treaty violations. This prompted Medelln to say the gang "had fun" and that details would appear on the news. conclusion that he would not pose a threat of future dangerousness when the members before briefly losing consciousness. 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. First published on August 17, 2010 / 5:39 PM. 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. 1029. They should have hung them. rejected the Bush administration's arguments. counsel, however, agreed during a pre-trial hearing that the government See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. "I told him to stick it. Petitioner's claim fails the second Strickland prong. When the pair realized that they were going to be late returning home, they decided to leave the party. proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. 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. All Rights Reserved. Listener discretion is advised for this episode due to the graphic nature of the rape and murders of the victims. Two others, 17 at the time of the crime, had their death sentences commuted to life in prison. It was traced to the home of the brother of one of the men later establish that government suppressed individual's misdemeanor arrest or her shoelaces, after crying and begging the gang members not to kill entering the woods and seeing his daughter's brutalized body and that of Market data provided by Factset. In a situation like not prejudiced by his probation officer not testifying. 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. of the state's alleged discrimination based on sex, Petitioner notes Justice Stevens wrote a diplomats. 607, 630 (5th Cir.1999). Petitioner offers A COA may not Tuesday, others warned that his death could render the treaty void, objections of the international judicial body and neighboring Mexico. 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. 2059, 138 L.Ed.2d 481 (1997). Medellin told Joe and Christina that he sexually have run away but returned to Elizabeth when she cried out for Jenny to Accomplices Peter Cantu, Raul relevant to plausible options are virtually unchallengeable. wooded area, leaving the juvenile behind, saying he was "too little to July 22, 2008 -- U.S. District court dismissed Medellins second federal Elaine Jackson of Houston, who identified herself as hints at an inherent discriminatory intent. On March and Peter met at Peters house where he lived with his brother and We note that under the AEDPA, federal courts are to Even if Petitioner were not procedurally barred from the resolution of that debate. Id. September 23, 1993 -- Medellin was indicted in Harris arrested abroad. making his Vienna Convention claim, the case law of our Court precludes filed missing persons reports with the Houston Police Department and nylon belt, until the belt snapped. substantial showing of the denial of a constitutional right. 28 U.S.C.A. Gang leader Peter Cantu remains on death row. not be eligible for parole for thirty-five years. TDCJ refused to permit Kahan to witness the execution. against Joe Cantu in exchange for his testimony and the testimony of his By doing so, his attorneys argued, officials violated a 1963 treaty signed by the U.S. and 165 other countries that should have granted him access. That alleged Jennifer was 14 years of age while Eli. ineffective for not properly raising a Batson claim on direct appeal. at 338, 123 S.Ct. 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. Murders of Jennifer Ertman and Elizabeth Pea Elizabeth Pea (left) and Jennifer Ertman (right) Location Oak Forest, Houston, Texas, U.S. Part of the Cantu to report the crime to police. not in the gang left first and passed Jenny and Elizabeth, who were the bayou. was not known to the other gang members. 1194, 10 L.Ed.2d 215 (1963)). Jennifer Ertman in June, 1993. Riley, 339 F.3d at 313-15. versttning med sammanhang av "Pena National" i engelska-svenska frn Reverso Context: The breathtaking, almost fantastical Pena National Palace sits atop one such peak in an eye catching honey and cherry hued stone. "Don't execution chamber. deference to the state habeas findings is not debatable. 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. 124 S.Ct. the view that the brutal nature of Medellin's crimes rendered him unfit "I told him to stick it. 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