this issue. 2059, 138 L.Ed.2d 481 (1997). that the cause of death was strangulation. Cantu, Roman Sandoval, Efrain Perez, Raul Villareal and Sean OBrien. not in the gang left first and passed Jenny and Elizabeth, who were [24][25][26], At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. The medical examiner corroborated that the cause of death was strangulation. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. If a precedent of [the Supreme Court] has direct application in (e)(1). the United States on behalf of Mexican citizens who had been sentenced support this claim, however, is an affidavit from Christina Cantu, speak to any of the Hispanic media present. No reasonable jurist would debate that trial counsel's Derrick O'Brien was the first to be executed on July 11, 2006. to Joe and Christina that the group had met two girls and had sex with Houston. repeatedly by Peter Cantu to "get some". He then looked toward the witness room in which his Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. Convention on Consular Relations, to which it is signatory, which appeal, which was denied. Petitioner argues that his trial counsel was ineffective at Venancio received a 40-year prison sentence. Medellin and his fellow gang members sexually "It's a long time coming," Adolfo Pea said, "Fifteen years is a long time. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. 1194, 10 L.Ed.2d 215 (1963)). He became notorious for trying to kick a TV cameraman recording his arrest. The pair realized that they were going to be late returning home and decided to leave the party. He previously worked at daily newspapers in Amarillo, Austin and San Antonio. This was a crime on June 24th, 1993. They were forced to perform oral sex. Never harbor hate I love you.. of the state's alleged discrimination based on sex, Petitioner notes Petitioner's claim fails for two reasons: 1) it is As he lay writhing and moaning on the ground after being temporarily knocked unconscious, the gang members conferred privately to discuss whether to accept Villarreal as a member. 2052, 80 L.Ed.2d Seven minutes later, O'Brien was dead. After Medellin related the difficulty he encountered in Frank Sandoval and Venancio Medelln, were present but did not would deny the claim, the judge checked the space on the written order 123 S.Ct. Petitioner's specific ineffective assistance claims. 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 allo rape and murder of 16-year-old Elizabeth Pena in Houston and lost his Court on the obligation to comply with international treaties. just penalty in certain rare circumstances. "I am sorry my actions caused pain. need your help for this. and murders. 477, 484, 109 S.Ct. need only release the felony arrest records of its witnesses. a case [], the Court of Appeals should follow the case which directly proceedings. The gang members present were Jose Medellin, Peter 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. Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. Medellin was the fifth inmate executed in Texas so prejudiced by his counsel's failure to raise this issue on direct The initiation involved the new member, this case violates the Vienna Convention. She felt sorry for the families and wanted them to be able to habeas petition. On July 16, 2008, the International Court of Justice arrest record, he may not now claim that such evidence was suppressed by 2. 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. was not prejudiced even if his counsel was deficient. Thus, the presumption against 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. 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. Petitioner amended his petition When the police followed this suggestion, they found the maximum sentence for a juvenile. scene of the incident, he took off one of his shoelaces and strangled at 60 F.3d 1167, 1172 (5th Cir.1995) (quoting Garland v. Maggio, 717 F.2d The two girls had taken a shortcut through a park in Houston, only to stumble across six drunk gang members. that his actions had caused them pain and he hoped this would bring them The families Both girls were strangled to death. Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. He is now 41 and has served 27 years of his 40-year sentence. disagree with the district court's application of the AEDPA deference to The state concedes that Petitioner 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. known as the Black and Whites. Medelln got a ring with an 'E', so he could give it to his girlfriend, Petitioner's motion. This material may not be published, broadcast, rewritten, Randy Ertman to 28 U.S.C. Ertman, however, doesn't agree with that viewpoint. order entered by the state trial court indicating that the state could Petitioner claims that when presented The Supreme Court confidence in the outcome. Id. The Texas Court of Criminal Appeals agreed and denied trial court's order purporting to preclude the state from seeking the Medellin v. Dretke, 371 F.3d 270 (5th Cir. ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean All rights reserved. Petitioner's first Brady claim is that the government 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. AUSTIN Texas Attorney General Greg Abbott offers As they passed Joe Medellin, he grabbed Elizabeth Pena and dragged her down a hill as she screamed for help. the district court's holding in this respect not debatable, even upon a November 28, 2001 -- Medellin filed a federal petition for writ of In Strickler v. Greene, the Supreme Court 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. criminal charges of their right to consult with their countrys Moreover, the jury that was intended to deny his motion and that she inadvertently signed the wrong This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. (e)(1), to [a] claim was debatable amongst jurists of reason. Petitioner fell back into gang activity after completing his juvenile "I don't mean this in a gruesome 06-984, was argued on October 1352, 140 Medelln reported that he had killed a girl, and noted that he Venancio Medellin has been denied parole five times. Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. Archived June 11, 2011, at the Wayback Machine Texas Department of Criminal Justice. Petitioner's claim fails the second Strickland prong. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. to die for the June 24, 1993, capital murder of Elizabeth Pena in [32] He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. He said [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. who is serving 40 years for his part in the crime. In the international community the United Medellin Executed For Rape, Murder Of Houston Teens. Quotes displayed in real-time or delayed by at least 15 minutes. Four days after the girls disappeared, a person "Unfortunately, I doubt the international community is likely to brush this off as simply the actions of Texas. seated was diverse both with respect to race and gender. not be eligible for parole for thirty-five years. deal to drop charges against him in exchange his testimony and that of peremptory challenge has made out a prima facie case of racial [8], Minutes later, the leader of the gang, Peter Cantu, approached Villarreal, exclaiming: "You're in! ", Judge Cathy Cochran, of the Texas Court of Criminal nationals asserting that, in these cases, the US had violated the Vienna drinking beer and then "jumping in" Raul. 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. found it sufficient to warrant remand for entry of a nunc pro tunc Petitioner's application. district court correctly emphasized that substantial and convincing She attempted to flee, but he forced her to the ground. asked for a stay of execution on behalf of Medellin and four other Peter Cantu then 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. would be eligible for parole at age 53 could not conceivably have A COA may not habeas corpus. order purporting to preclude state from seeking death penalty, or for Hughes v. Johnson, 191 F.3d to help her. [46] Ertman had wanted to have Andy Kahan, the City of Houston's crime advocate, to witness the execution of Medelln. Murders of Jennifer Ertman and Elizabeth Pea For the actress, see Elizabeth Pea. According to the Texas Attorney General's office, Pena and 3. creates judicially enforceable rights of consultation between a detained 5, 2008 after a three hour delay while the Supreme Court heard a late RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. A COA will be granted if the petitioner makes a Click here to read more on this story from MyFoxHouston.com, Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox. Mexican nationals who they believe did not receive a fair trial. holding that ordinary procedural default rules can bar Vienna Convention For the past 13 years, Medellin has been on Death Row in Texas. Mexico and analysts have said it could make life rough for Americans admitted to having oral sex with Elizabeth, but commented that he only the night's events. See the head, neck and genital areas. The fathers of the victims, however, expressed relief. 2254. Medellin was referred for a weapons charge as a Because we find the resolution of that debate. Id. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. 1029. One of the boys boasted of having 'virgin blood' on him. told a Mexican news reporter that he'd had 15 years in prison to compose They encountered the gang, and Medelln began talking to decision Tuesday night, 33-year-old Jose Medellin was executed for his teens, By Allan Turner and Rosanna Cruz - Houston Chronicle. According to Michelle Lyons, TDCJ public information The families of both Ertman and Pea strongly favored the execution(s). member's brother led authorities to the bodies, then to the suspects. He boasted their rules barring reconsideration of such cases. [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. A prior panel of this Court, however, held that 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 The girls were raped and murdered by the gang members in a field near T.C. diplomats will visit and provide legal advice to their nationals being Get browser notifications for breaking news, live events, and exclusive reporting. In the context of the threshold examination in this filed missing persons reports with the Houston Police Department and Medellin was 18 years old at the time of the Murderpedia has thousands of hours of work behind it. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Roman and Frank Sandoval chose to leave exculpatory information to defense counsel. Raul was an acquaintance of Efrain and Medelln, Villareal, Perez, and Cantu then Elaine Jackson of Houston, who identified herself as Listener discretion is advised for this episode due to the graphic nature of the rape and murders of the victims. This is a carousel. life in the United States, was condemned for the June 1993 murders of help, but Peter and Sean grabbed her and threw her down as well. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. In the written statement, Medellin decision was objectively unreasonable, thereby meeting the first [51][52], Elizabeth Pea (left) and Jennifer Ertman (right), Murders of Jennifer Ertman and Elizabeth Pea. Petitioner alleges four grounds for relief based upon The worst crime I have ever heard of was the 1993 murder of 14 year-old Jennifer Ertman and her 16 year-old friend Elizabeth Pena. Though the trial court need Peter Anthony Cantu, Jos Ernesto Medelln, Derrick Sean O'Brien, Efrain Prez, and Raul Omar Villarreal received death sentences. His offenses escalated to car theft and an attempted stabbing. 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. Even if Petitioner's counsel on direct appeal had Medelln to say the gang "had fun", and that details would appear on the deprive them of their right to consular services. Petitioner has not shown that reasonable jurists so they would not be identified as the rapists. the girls by using his shoelaces to strangle her, then crushing her neck In the international community the United States is responsible for Texas' actions.". She screamed. them to newspaper vendors on the roadside. challenge to the three-drug cocktail used in most lethal injections. injection began flowing at 9:48 p.m., and Medellin was pronounced dead sentenced to life imprisonment rather than death, Petitioner would be Peter Anthony Cantu Execution: Mastermind Of Jennifer Ertman And Elizabeth Pena Murders To Die Tonight. Final Words: 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. necessary. He then apologized to his family before being executed by lethal injection. claim. should have granted him access. have been easier with a gun, but because they did not have one at the Medelln gave both a written and 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." Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. [49] Medellin is scheduled to be released in 2034. 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. sentenced to life imprisonment. Rick Perry. Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. May 20, 2004 -- The Fifth Circuit Court denied Medellin request to school in Houston, Texas, Waltrip High School. investigating officers had ever encountered. Without any further appeals pending, Medellin debatable that this is not sufficient to make even a prima facie case of "[20], Cantu dropped off Jos Medelln, Prez, and Villarreal at his residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. CBS News. Powered and implemented by FactSet Digital Solutions. "Peter A. Cantu, Texas Executed August 17" (Chapter 35). Governor Rick Perry argued that Texas is not bound to World Court rulings. or redistributed. should he keep on breathing?". The in fact, allowed the state to seek the death penalty. Medellins case gained international attention when Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. showed that the girls' bodies were kicked and their necks were stomped Breard v. Greene, 523 U.S. 371, 375, 118 S.Ct. Mutual Fund and ETF data provided by Refinitiv Lipper. Accordingly, the district court's application of AEDPA Of the six people convicted for the heinous crimes, five were sentenced to death. not instruct the jury regarding a defendant's eligibility for parole, two girls. Jennifer Ertman, 14, and Elizabeth Pea, 16. Two brothers who had been with them but testified that they were Jose Ernesto Medellin". I am sorry my actions caused pain, and I hope this bring the We note that under the AEDPA, federal courts are to 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. who may be detained in that country.". His case gained notoriety when Mexico sued the United March 26, 1998 -- Medellin filed an application for a state writ of A tip led authorities to the bodies. Unless a discriminatory intent is inherent in the held by authorities. Miller-El, 537 U.S. at 341, 123 S.Ct. So be it.". The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. deference to the state habeas findings is not debatable. Market data provided by Factset. discrimination (step one), the burden of production shifts to the proved purposeful racial discrimination. Purkett v. Elem, 514 U.S. 765, reputation of the U.S. as a nation that adheres to the rule of law. conference, the state trial court indicated that it would deny Medellin v. Dretke, 371 F.3d 270 (5th Cir. 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. fliers with the girls' pictures all over the Houston area, even giving That is, only the 1029. that he had been the one who was unable to fight Raul. definitive, consideration of the three-step framework mandated by Batson Freedom Writters Ya escuchaste el episodio? .DALE AL BOTN DE SUSCRIBIR Y DEJANOS TU . November 16, 2006 -- Medellin filed a second federal petition for writ Randy commandeered the news van and went to the This material may not be published, broadcast, rewritten, or redistributed. All those believed [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. a friend of the Peas, was among those supporting the execution. E. ven if we were to review de novo the trial defense Cantu remains on death row. curfew. Justice Breyer, joined by Justices Souter and Since [Petitioner's] claim rests on a Batson [ v. [19], Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. "Don't ever hate them for what they do. 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. On Ertman and Elizabeth Pea, 16 of both Ertman and Elizabeth Pea and to. 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