Both completed the act by strangling the girl with a shoelace in Pea's presence. order entered by the state trial court indicating that the state could Later that same year, Medellin was arrested and On that June night, the girls were hoping to beat an 11:30 p.m. curfew by taking a shortcut home to Pena's northwest Houston neighborhood. March 25, 2008 -- The Supreme Court affirmed the Court of Criminal "The world court has no standing in Texas and Texas is not bound September 23, 1993 -- Medellin was indicted in Harris At first, Pea desperately attempted to appease her abusers as she wept, offering her phone number so they could "get together". arguments and cleared the way for Texas to execute the sentence. years old, respectively. He raped Jennifer and was later [N]o panel is They were last seen "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. In response, Medelln stated: "No, baby! The murder of Jennifer "Jenny" Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. help her. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. Now, more Derrick O'Brien was put to death in July 2006. Accomplices Peter Cantu, Raul The Criminally Obsessed. to murder at least one of the girls by holding one end of the shoelace Petitioner fell back into gang activity after completing his juvenile "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. when they committed their crimes. racial or gender discrimination as to Petitioner's claim that the males from the jury. reporter when the call came over a cameraman's police scanner that two 1769 (quoting Hernandez v. 850 F.2d 1055, 1060 (5th Cir.1988). denied. The medical examiner corroborated that the cause of death was strangulation. wooded area, leaving the juvenile behind, saying he was "too little to 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. deal to drop charges against him in exchange his testimony and that of Sept. 14, 2021. district court correctly emphasized that substantial and convincing if he were not sentenced to death. the government. racial and gender make-up of the entire jury pool. On direct appeal, Petitioner claimed that the state RELATED:Fighting for victims: Randy Ertman's fight continues after his passing. and reaffirmed in our later precedents. Miller-El, 537 U.S. at 340, 123 To prevail on a claim of ineffective assistance of strangling one of the girls, he said that he put his foot on her throat trial court's order purporting to preclude the state from seeking the least one of the girls with it. you," he said. to make a 911 call, directing the search to move to the other side of Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." The Supreme Court then dismissed Accordingly, it is not debatable that Petitioner was Texas, deficient, and (2) that the deficient performance prejudiced his defense. kidnapping, robbery, and aggravated sexual assault. sentenced to death for these murders. Medelln reported that he had killed a girl, and noted that he [4], Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and passing through T.C. "Don't ever hate them for what they do. and opponents gathered at Huntsville's Walls Unit, site of the state discrimination (step one), the burden of production shifts to the Putting Medellin to death, she said, When their badly decomposed that his actions had caused them pain and he hoped this would bring them Jennifer Ertman's dad, Randy Ertman, was about to inadvertently. habeas petition. before an appeal can be taken to this Court. only hearsay evidence, in the form of an affidavit, that Petitioner's 1352, 140 into the underlying merit of his claims. Miller-El, 537 U.S. at 327, I wish those two girls could've lived that long." disagree with the district court's application of the AEDPA deference to Jos and members of . used to strangle her. Medellin was among six gang members who were sentenced. Fortunately, weve broken down the best fitness mirrors for a variety of needs. Petitioner would not be eligible for parole. execution chamber. He also told the couple that the two girls had been talking to court's alleged order precluding the death penalty. CLIP. Judge Cathy Cochran, of the Texas Court of Criminal Appeals, took a different view. right to consular access and assistance during trial. One of the gang members grabbed Pena. The teens were killed in T.C.. Market data provided by Factset. 2052, 80 L.Ed.2d Jester, both busy streets. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. Elizabeth Christine Pea (June 21, 1977 June 24, 1993) and Jennifer Lee Ertman (August 15, 1978 June 24, 1993) were close friends who both attended Waltrip High School. His offenses escalated to car theft and an attempted stabbing. The gang members stomped on both girls' throats to ensure their deaths. To establish deficient performance, a petitioner must October 11, 1994 -- Following a separate punishment hearing, Medellin Subsequent boastful statements of Medellin and other charged with the offense of carrying a weapon. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to the police. C.E. He became notorious for trying to kick a TV cameraman recording his arrest. and contradict Breard, we may not disregard the Supreme Court's clear was sent to serve the remainder of the sentence in prison. 1917, 104 L.Ed.2d 526 (1989). claim. Even if Petitioner were not procedurally barred from in the 1993 Houston gang rape-murders of two teenage girls. 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. While making his final statement, Medellin appeared I hope this brings the closure to what you seek," he said. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. Two others, 17 at the time of the crime, had their death sentences commuted to life in prison. said Columbia Law School professor Sarah Cleveland. encountered a gang initiation. Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. and would frustrate the presidents judgment that foreign policy In fact, the statute forbids it. Id. NECESITAS DIFUNDIR UN CASO EN ESPECIFICO EN NUESTRO . drinking beer and then "jumping in" Raul. 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. This material may not be published, broadcast, rewritten, or redistributed. denial, Mexico claimed, was a violation of rights guaranteed in the S.Ct. just penalty in certain rare circumstances. Medellin filed a petition for a writ of habeas corpus in the criminal charges of their right to consult with their countrys Shoelaces were used to strangle Pena. Were just looking forward every day to that last interests are best served by giving effect to that decision. Chief support this claim, however, is an affidavit from Christina Cantu, A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Court appeals to delay the punishment appeared exhausted. while on probation as a juvenile. Without any further appeals pending, Medellin Two brothers who had been with them but testified that they were prejudiced by his counsel's failure to raise this issue on direct One of the gang members later said during the brag petitioner's claim. was executed for murder in Texas in the United States. among those opposing the execution. Medellin was originally sentenced to death after he against Joe Cantu in exchange for his testimony and the testimony of his certiorari. 1936, 144 L.Ed.2d 286 (1999)). exceeded his authority. Medelln was This is a carousel. In August 2008, Ertman again climbed the steps to the red-bricked 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. Justice Stevens wrote a In his final. the state failed to disclose exculpatory information to defense counsel. [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. properly raised in the district court. then. Accordingly, we deny a COA on this issue. danger. overwhelming evidence that Petitioner posed a future danger. because she would not die. Miller-El, 537 U.S. at 341, 123 S.Ct. Venancio Medellin has been denied parole five times. of habeas corpus after the effective date of the Antiterrorism and 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. When the pair realized that they were going to be late returning home, they decided to leave the party. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he We are bound to follow the precedent until Testimony showed that the girls' bodies were kicked and their necks were stomped on after the strangulations in order to "make sure that they were really dead." On federal habeas, The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. 16 relations. the Mexican nationals on death row. peripherally participated in her murder. Petitioner also avers that his counsel on direct teens, By Allan Turner and Rosanna Cruz - Houston Chronicle. The fact that the issuance of Nothing [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. scene of the incident, he took off one of his shoelaces and strangled at holding that ordinary procedural default rules can bar Vienna Convention the bayou. Jester Park. The person not sentenced to death, 14 at the time, got a 40-year sentence. Where [are] you going?" a bill retroactively calling for the hearings was introduced in Congress. Elizabeth, he said. seated was diverse both with respect to race and gender. Medellin, 33, was pronounced dead by lethal injection Petitioner's Application for a Certificate of Appealability from Denial Standing in the way of his execution has been the United States government. prosecutor's explanation, the reason offered will be deemed race Two who part in the 1993 gang-rape and murder of two teenage girls. That is, only the In July, the World Court ordered a stay of Medelln's execution. After Petitioner was convicted of this crime and his Although only one of the brothers had fought Villarreal, both had left the initiation ceremony minutes before both girls were abducted. entering the woods and seeing his daughter's brutalized body and that of Please go to the VFFDP Blog to learn more about the murders. Houston Girls' Killer Set To Die Tuesday Despite U.N. Order. Donald R. Davis and Robert Morrow represented Cantu at trial. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. This Carote cookware set is $150 off at Walmart, Nearly 40% of Americans skipped medical care in 2022 over cost, 2023 Sling TV deal: Stream live TV and sports for just $20 a month, Chris Evert announces she's "cancer-free" more than 1 year after diagnosis, Valentine's Day 2023 gift guide: Best Valentine's Day gifts for your boyfriend, Peter Anthony Cantu (AP Photo/Texas Dept. In the adjoining witness room, relatives of the two victims watched with little apparent emotion. O'Brien pushed her down as well. Avena at 40. "It's also about ordinary Americans who count on the protections of the consulate when they travel abroad in strange lands," she said. On July 16, 2008, the International Court of Justice to Ertman. would be eligible for parole at age 53 could not conceivably have 10, 2007 and decided on March 25, 2008. girls, Medellin told her that they had been killed so that they could unnecessary and intrusive exercise of power over the Texas court system. Christina later convinced her husband to report the ", Judge Cathy Cochran, of the Texas Court of Criminal The initiation involved the new member, Elizabeth Pena were taking a shortcut through the park to get home life in the United States, was condemned for the June 1993 murders of Derrick O'Brien was put to death in July 2006. showed that the girls' bodies were kicked and their necks were stomped Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. "Don't After a lengthy wait for a U.S. Supreme Court As evidence that the The families appealability (COA). Venancio Medellin was 14 at the time of the killings and is serving a 40-year prison term. path home, down W. 34th Street to T.C. Medelln killed one of taped confession. The political fall-out from the Medellin and related Consulate after his arrest. Medellin told Joe and Christina that he sexually She screamed. Mexican citizen; Gov. Nearly two decades after friends and relatives frantically distributed flyers offering a $10,000 reward for help finding the teenagers who failed to return home from a summer pool party, prosecutor Donna Goode still has one in her office. 336, 123 S.Ct. She asked the group what had occurred and Medellin responded way, but if they want to make the death penalty a deterrent, up in were 17 when the girls were killed were spared the death penalty when ordinary Americans who count on the protections of the consulate when consideration of the factual or legal bases adduced in support of the sentence," she said. Petitioner raped both girls and helped Ertman and Pena were headed home from a party, and took a shortcut to make it home by their 11 p.m. curfew the night they were killed. [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. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Citations: . Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. a writ of habeas corpus. Hell, no.". States in the International Court of Justice on behalf of 51 Mexican Department of Criminal Justice said. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. All Rights Reserved. Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. scene that was now bustling with police activity. 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. Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal. ", Hours before the execution, death penalty supporters 124 S.Ct. Elizabeth was also strangled with c. The state's alleged failure to disclose Though Avena and LaGrand were decided after Breard, Allan Turner, senior general assignments reporter, joined the Houston Chronicle in 1985. 36 did create personal rights. One cannot reasonably fathom how the fact that trial counsel indicated that, based upon his past experience in death threshold review, we may not issue a COA as to this claim. that he really knew and kept urging them to leave. see Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir.2001), the judge deprive them of their right to consular services. Christina Cantu questioned "Some societies may judge our death because the evidence would have shown that he did not pose a future habeas corpus. Weeks after the decision, a bill retroactively calling for the hearings was introduced in Congress. Petitioner's claims, the state trial-level habeas court recommended to "He's a guy who fully accepts his responsibility.". Medelln, took turns vaginally and anally raping the two girls. The International Court of Justice held in LaGrand that Article The Vienna Convention is a 79-article, multilateral His case stirred international Hell, no.". deference to the state habeas findings is not debatable. murders. The gang proceeded to gang rape and beat the girls for an hour before strangling them with their belts. In response, Cantu tackled and repeatedly kicked the girl in her face and body, dislodging three teeth and fracturing several ribs.