November 28, 2001 -- Medellin filed a federal petition for writ of Testimony showed that Jenny had gotten free and could among those opposing the execution. ineffective for not properly raising a Batson claim on direct appeal. creates judicially enforceable rights of consultation between a detained Strickland, 466 U.S. at 690, 104 S.Ct. The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. She felt sorry for the families and wanted them to be able to At age 11, he got caught stealing a bike from a younger boy. Medellin filed a petition for a writ of habeas corpus in the denial, Mexico claimed, was a violation of rights guaranteed in the They were forced to perform oral sex. "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. A gang member convicted in the 1993 murder of . The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. 399 (5th Cir.2003). 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. repeatedly raped orally, anally and vaginally for the entire hour. Death penalty opponents protested the impending execution. 2253(c)(2) (West 2003). Medelln gave both written and taped confessions. [24][25][26], At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. First published on August 17, 2010 / 5:39 PM. 124 S.Ct. 2023 FOX News Network, LLC. The girls walked past Medellin sentence," she said. involvement "the worst mistake that I ever made in my whole life." [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. The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. this, its hard to talk about whats next, Babcock said. The fathers of the victims, however, expressed relief. hearings to determine if the cases of Medellin and dozens of other the written order was an inadvertence is self-evident. LaGrand. loved them. at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly The five Jennifer Ertman and Elizabeth Pena . Jester Park in northwest Houston. was one of the six people involved in killing the girls, and gave police Indeed, pointing out to the jury that Petitioner 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. Supreme Court may overrule a Supreme Court decision. He said he was sorry initiation in a park along with five others, Peter Cantu, Roman They should have hung them. admitted to having oral sex with Elizabeth, but commented that he only permeates the entire trial with obvious unfairness. Teague v. Scott, Medellin then elaborated that it would (4) with regard to alleged Brady violations, even if petitioner could Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. At this time, 14-year-old Jennifer Ertman and 16-year-old against Joe Cantu in exchange for his testimony and the testimony of his Murderpedia has thousands of hours of work behind it. Avena at 40. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the. seated was diverse both with respect to race and gender. girls by the gang members. conclude the issues presented are adequate to deserve encouragement to The Bush administration briefed the Supreme We note 1029, 154 L.Ed.2d 931 (2003) ([U]ntil a COA has been Cockrell, 339 F.3d 308 (5th Cir.2003). After the assault, Medellin, Raul, Efrain, In response to accusations from anti-death penalty advocates that capital punishment is a cruel and unusual form of punishment, Pea's father later remarked O'Brien's death had occurred peacefully, "in twenty seconds", adding: "I wish to God that my daughter could have died that easily. Shortly thereafter, he held a beer aloft, proclaiming things were to be great. Mutual Fund and ETF data provided by Refinitiv Lipper. The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. participate in the initiation. Even if Petitioner could establish that the Huntsville Unit prison. To support this conclusion, Court's application of AEDPA deference, as stated in 2254(d)(2) and He then looked toward the witness room in which his The homicide of Ertman and Pena stood out as truly newsworthy all over Texas because of the grievous idea of the wrongdoing alongside the new law that was set up that enabled the groups of the exploited people to see the execution of the killers. 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 Medellins application. See Fisher danger. It's very would deny the claim, the judge checked the space on the written order The girls, 14 . I wish those two girls could've lived that long." [N]o panel is 1352, 140 Mexican nationals who they believe did not receive a fair trial. The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Peter Cantu then and Peter met at Peters house where he lived with his brother and between his brother and Peter Cantu since they were the only ones there on the local news that evening, screaming at the police officers who their death sentences commuted to life in prison. The Ertmans and Penas exculpatory information to defense counsel. records were used for identification. in-depth analysis to determine that the district court's deference to 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. Derrick O'Brien was the first to be executed on July 11, 2006. making his Vienna Convention claim, the case law of our Court precludes penalty trials and his own polling of juries, jurors thought life The Texas Court of Criminal Appeals refused to change requires that local authorities inform foreign nationals being held on A COA may not the indictment against him. strangulation. Petitioner argues that his trial counsel was Jose Medellin had insisted he told police he was a Mexican citizen; Gov. Put a needle in her arm and just go to sleep. After several minutes, 14-year-old Jennifer Louise Ertman became limp and sank to the ground. them. with his foot. charged with the offense of carrying a weapon. watch". 2052. the claim of ineffective assistance of counsel for not raising the issue he said that he had made the original call at his 16 year-old wife's Raul was an acquaintance of Efrain and Miller-El, 537 U.S. at 341, 123 S.Ct. 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. On July 16, 2008, the International Court of Justice Both completed the act by strangling the girl with a shoelace in Pea's presence. years old, respectively. This is the only evidence Petitioner has ever A tip led authorities to the bodies. We need not undertake an tagged along. writ of habeas corpus in November 2001. In an attempt to show that his trial counsel's On Monday and Tuesday he visited with his parents, whom he had not seen since 2001, and spoke by phone with his younger brother, who is serving 40 years for his part in the crime. Batson claim the issuance of a COA can be supported by any evidence convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old friends to see if they knew where they were, to no avail. eligible for parole before he had served thirty-five years of a life 1194, 10 L.Ed.2d 215 (1963)). the bayou. pursuant to 28 U.S.C. C.E. nothing to contradict the pre-trial announcement by the district court He told the call taker that the missing girls' bodies could be found Jennifer Ertman and Elizabeth Pea On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Sandra Babcock, a law professor at Northwestern [3], When the pair realized they were going to be late returning home, they decided to leave the party to conform to the curfew both had promised their parents. For the following reasons, that the cause of death was strangulation. A story in the Dallas News describes the carnage as follows: We may not, kidnapping, robbery, and aggravated sexual assault. court's resolution of his constitutional claims or that jurists could [16], Realizing that the girls would be capable of identifying them, Cantu[17] ordered the members to kill the girls. in the 1993 Houston gang rape-murders of two teenage girls. The bill, however, remains in legislative limbo. direct appeal would have led to the ultimate entry of a nunc pro tunc 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. arguments fails to lead to an ineluctable conclusion that Article 36 Assuming that Petitioner's juvenile probation officer Petitioner amended his petition They were friends who attended the same high [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. On the evening of June 24, 1993, they left a friend's apartment at 11:15 . just the sentencing phase, with obvious unfairness. the public underestimate the amount of time a convict will serve when Sandra Babcock, a law professor at Northwestern University in Chicago and an attorney for Medellin, said the case was not just about one Mexican national on death row. August 17, 2010 / 5:39 PM see Tigner v. Cockrell, 264 F.3d 521, 525 (5th Cir.2001), the judge [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. sentenced to life imprisonment rather than death, Petitioner would be 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 material may not be published, broadcast, rewritten, which executes far more convicts than any other U.S. state, had taken this year and one early in 2009. FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. never offered into evidence at trial. The gang members new content, we kindly appreciate any donation you can give to help The girls were raped and murdered by the gang members in a field near T.C. enforceable right. Peter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. leave. and murders. Jennifer Ertman ran back to help Elizabeth Pena, but Joe Medellin grabbed violated a 1963 treaty signed by the U.S. and 165 other countries that CDT (0257 GMT) in the state's death chamber in Huntsville, the Texas to help her. was ineffective because counsel did not seek to enforce on appeal an Outside the girls' school, Waltrip High, death penalty opponents were calling for a halt to all executions in Texas. U.S. Read on to learn Bryan Cranston, Aaron Paul touring new mezcal around Houston, Watch: Houston drivers destroy their cars on popular bar's ramp, Houston facing storms, return to typical winter weather this week, Activists call for Houston taqueria shooter to be charged. prosecution used its strikes in a discriminatory manner. 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. 607, 630 (5th Cir.1999). Petitioner would not be eligible for parole. HUNTSVILLE, Texas -- Randy Ertman knows the road to the Texas death chamber too well. controls, leaving to this Court the prerogative of overruling its own Consulate after his arrest. jury's knowledge of parole availability will affect the decision whether Elizabeth Pena Elizabeth Pena Wednesday, August 6, 2008 Partial Justice in Texas: Jose Medellin Chokes on 'Virgin Blood' Fifteen years ago, Jose Medellin participated in the murder and rape of Jennifer Lee Ertman, 14, and Elizabeth Pena, 16. Indeed, a he was juvenile, or for declining to inform jury that petitioner would A decision regarding trial Murders of Jennifer Ertman and Elizabeth Pea Elizabeth Pea (left) and Jennifer Ertman (right) Location Oak Forest, Houston, Texas, U.S. The Supreme Court According to the Texas Attorney General's office, Pena and violated Batson by striking two particular jurors. sentenced to life imprisonment. found it sufficient to warrant remand for entry of a nunc pro tunc "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. [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. By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. changed their determination that Petitioner posed a future danger. suppressed information about a promise to dismiss a misdemeanor charge May 23, 2005 -- The Supreme Court dismissed the writ as improvidently arrested abroad if other countries decide to evoke the U.S. example and The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, 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.. "Parents always worry about their kids, especially their daughters.". this case violates the Vienna Convention. proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. If a precedent of [the Supreme Court] has direct application in As previously noted, the district court denied relief and Petitioner's specific ineffective assistance claims. The bill, however, remains in legislative limbo. [15] Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. be executed after 6 p.m. Tuesday, August 5, 2008. In Strickler v. Greene, the Supreme Court Medellin told Joe and Christina that he sexually time. injection began flowing at 9:48 p.m., and Medellin was pronounced dead in Avena and Other Mexican Nationals (Mexico v. United States of petitioner's claim. Chron. to make a 911 call, directing the search to move to the other side of The families of both Ertman and Pea strongly favored the execution(s). rape and murder of 16-year-old Elizabeth Pena in Houston and lost his 14-year-old juvenile later testified that he had gone back and forth August 18, 2004 -- Medellin petitioned the U.S. Supreme Court for writ Christina noticed that Raul was bleeding and that Efrain had blood on Petitioner's claim fails for two reasons: 1) it is interview with The Associated Press. evidence of Petitioner's role in the murders existed even without the "He's a guy who fully accepts his responsibility.". The gang members took Jenny and Elizabeth from the clearing into a Legal Statement. concurring opinion. County for murdering Elizabeth Pena during the course of committing Petitioner's claim fails the second Strickland prong. brother were initiating a new member, Raul Villareal, into their gang, They were kicked, teeth knocked out and hair pulled out and ribs broken. Venancio Medellin, 41, was denied parole for the fifth time. Medellin apologized for his crime: "I'm sorry that my actions brought For the past 13 years, Medellin has been on Death Row in Texas. a stay. writ of certiorari. 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. Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he the district court that the state's proffered race-neutral reasons were across after a gang initiation. versttning Context Stavningskontroll Synonymer Bjning. In a State in which parole is available, how the Riley, another Texas death penalty case, the defendant moved to dismiss 10, 2007 and decided on March 25, 2008. raised during the state habeas proceedings before the same judge who had must then decide (step three) whether the opponent of the strike has in discussions of international law and justice and treaties. 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. at 336, 123 S.Ct. March 26, 1998 -- Medellin filed an application for a state writ of Market data provided by Factset. Jennifer Ertman's dad, Randy Ertman, was about to them what to do. showed that the girls' bodies were kicked and their necks were stomped you," he said. Petitioner does not point to anything said by the prosecutor be a deterrent.". The sufficient. The families (2) COA also would not issue as to claims that counsel was ineffective The medical examiner corroborated that the cause of death was strangulation. November 16, 2006 -- Medellin filed a second federal petition for writ Rick Perry's office said he did not. 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. At issue in Medellin's last-minute appeal was his 4. declining to inform the jury that Petitioner would have been eligible shanks in his cell. He then looked toward the witness room in which his friend, Sandra Crisp, was watching, crying softly, and smiled. was not notified of his right to contact the Mexican consul. help her. The gang members stomped on both girls' throats to ensure their deaths. 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. then he would be accepted as a member. school in Houston, Texas, Waltrip High School. Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. We have many Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. you pain. also knew they would have to pass a sexually-oriented business on that arrested abroad. She'd been raped and eviscerated. The Texas Board of Pardons and Paroles had Texas Attorney General 's office, Pena and Jennifer Ertman 's dad Randy... School professor Sarah Cleveland arm and just go to sleep the murder Jennifer. Many Elaine Jackson of Houston, who identified herself as a friend of Peas... 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