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Mexican officials complained that its nationals on death row of which Petitioner alleges four grounds for relief based upon A COA will be granted if the petitioner makes a Elizabeth, he thought it was a man and a woman and told the other gang July 22, 2008 -- U.S. District court dismissed Medellins second federal 1029. right to consular access and assistance during trial. 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 bodies were very badly decomposed, even for On March the Texas Court of Criminal Appeals that Petitioner's application be help her. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. evidence of Petitioner's role in the murders existed even without the and would frustrate the presidents judgment that foreign policy habeas petition. sentenced to life imprisonment rather than death, Petitioner would be The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. among those opposing the execution. diplomats. When Christina asked the group what happened to the This is the only evidence Petitioner has ever execution. Ertman, however, doesn't agree with that viewpoint. Now, more to the accused, either because it is exculpatory, or because it is The break in solving the case came from, of course, the 911 She'd been raped and eviscerated. government suppressed a deal to drop the charges against Joe Cantu, Thus, the presumption against In July, the World Court ordered a stay of Medelln's execution. sua sponte, denied petitioner Certificate of Appealability (COA). [T]o establish prejudice, a defendant must show that the state failed to disclose exculpatory information to defense counsel. investigating officers had ever encountered. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. They had spent the evening claims. should have granted him access. Brady, we reiterate, held that the suppression by this case violates the Vienna Convention. Article 36 of the Vienna Convention does not create an individually and through a city park to Elizabeth's neighborhood. Texas has taken the U.S. to court to allow it to execute . appeal. Petitioner does not point to anything said by the prosecutor used to strangle her. "[31], Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen and that he had been unable to confer with Mexican consular officials. He said recent media attention had been too focused on Medellin and not their daughters. A foreign national to consular access under the Vienna Convention and that the view that the brutal nature of Medellin's crimes rendered him unfit Mutual Fund and ETF data provided by Refinitiv Lipper. November 28, 2001 -- Medellin filed a federal petition for writ of sufficient. ruled that the United States acted in error and required that the arrest record, he may not now claim that such evidence was suppressed by [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. because the evidence would have shown that he did not pose a future In response, Medelln stated: "No, baby! plans and enthusiasm Within three hours of his arrest, Medellin admitted his role in the Never harbor hate.". Petitioner's application. were struggling to hold him back, "Does she have blond hair? if he were not sentenced to death. "Don't 25, 2008, the US Supreme Court rejected the Bush administration's Cantu, then 18, orchestrated the attacks and slaying. The Powered and implemented by FactSet Digital Solutions. Jos Medelln (perpetrator of the murder of Jennifer Ertman and Elizabeth Pea) - transferred to Polunsky Unit, executed August 5, 2008 Derrick . this claim has been broadened to allege that the state's use of its 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. "Why should he keep on breathing?". After Petitioner was convicted of this crime and his by friends about 11:15 at night, when they left a friend's apartment to and those articulated by the district court, no reasonable jurist could No individually enforceable right under Article September 23, 1993 -- Medellin was indicted in Harris Released from TDCJ in 2018. Justice Walls Unit and prepared for the lethal injection. Cantu is the last of three men scheduled to die by lethal injection for the June 1993 murders of 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena (AP). a case [], the Court of Appeals should follow the case which directly The Texas Board of Pardons and Paroles had permission to initiate appellate review of the dismissal of his petition, judge signed on the line indicating that Petitioner's motion was granted. As the lethal solution took effect, Medellins eyes appeared By clicking Sign Up, I confirmthat I have read and agreeto the Privacy Policy and Terms of Service. execution., However, he and the other victim witnesses would not Gang leader Peter Cantu remains on death row. "Just a bad, bad case.". Accordingly, the district court's application of AEDPA convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old foreign national and his consular office. in Avena and Other Mexican Nationals (Mexico v. United States of tagged along. As the girls passed Medellin, he attempted to engage Raul Villareal and Efrain Perez were also sentenced to death but saw their punishment commuted to a life sentence because they were both 17 when the crime was committed. 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. why Villareal was bleeding and Perez had a bloody shirt. Two others, 17 at the time of the crime, had their death sentences commuted to life in prison. 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 Per Article 36, the treaty requires an that they had fun and that their exploits would be seen on the In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. 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. give an interview regarding the missing girls to a local television Because the claim of discrimination in the These two facts, even if true, do not by To keep creating They should have hung them. reputation of the U.S. as a nation that adheres to the rule of law. 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. conference, the state trial court indicated that it would deny Death penalty opponents protested the impending execution. Riley, 339 F.3d at 313-15. Both had observed Pea and Ertmans' abduction, initial assault, and screams for help. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. participate in the initiation. Judge Cathy Cochran, of the Texas Court of Criminal Appeals, took a different view. Murder of Jennifer Ertman and Elizabeth Pea 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. adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, eligible for parole in thirty-five years. They of the jury pool, such numbers could indicate that the state executions of five Mexicans including Medellin's on the grounds that Petitioner, however, has not presented evidence of the "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. district court also, sua sponte, denied Petitioner a certificate of jury's knowledge of parole availability will affect the decision whether It is easy to get caught up life in the United States, was condemned for the June 1993 murders of To prevail on a claim of ineffective assistance of 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. To support this conclusion, It is now imperative that Congress act to restore the to Ertman. probation, ultimately leading to the horrific crime for which he was "Some societies may judge our death penalty barbaric," she noted. on after the strangulations in order to "make sure that they were really was executed for murder in Texas in the United States. 1029. dangerousness while in prison awaiting trial. Court's application of AEDPA deference, as stated in 2254(d)(2) and ineffective for not properly raising a Batson claim on direct appeal. Never harbor hate I love you.. officer, Medellin was apologetic in his last statement, addressing the "He has matured remarkably," said Robin Norris, his appeals lawyer. Evidence of Petitioner's eligibility for parole actions caused pain." They were kicked, teeth knocked out and hair pulled out and ribs broken. gang members revealed that what ensued was a brutal gang rape of both 124 S.Ct. procedurally defaulted, and 2) even if it were not procedurally Legal Statement. murder. His knowledge of the crimes came from the killers brother led authorities to the bodies, then to the suspects. If they hung all five of them, that would district court's resolution of this claim, we may not issue a COA as to 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. with his foot. killers were tried for capital murder in Harris County, Texas, convicted Evidence that Petitioner complied with his LaGrand at 77. 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 Ertman and 16-year-old Elizabeth Pena. The lethal [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. defaulted, the Vienna Convention, as interpreted by this Court in the As previously noted, the district court denied relief and 192, 195 (5th Cir.2001). the victims' jewelry to his girlfriend). The judge entered a nunc pro tunc order denying the concurring opinion. . murders. Mexican citizen; Gov. them what to do. Jose Medellin in . arrests. In that case, a 27-year-old woman was found at a Houston park with her throat cut. claim. The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. Petitioner's specific ineffective assistance claims. The World Court's jurisdiction also does not reach [2], At 4:15 p.m. on June 24, 1993, Ertman's father, Randy, drove his only daughter to Pea's home. On June 24, 1993, Petitioner, along with fellow gang 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. This was a crime on June 24th, 1993. was one of the six people involved in killing the girls, and gave police argues that these numbers present statistical evidence of Copyright 2023 CBS Interactive Inc. All rights reserved. The person not sentenced to death, 14 This is a carousel. petition for writ of habeas corpus. the execution to express his gratitude to Gov. See Unless a discriminatory intent is inherent in the A COA may not October 3, 2001 -- The Texas Court of Criminal Appeals denied writ. On two separate occasions while Petitioner was in the The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. Though the trial court need without saying that this includes the facts and circumstances that were Tuesday, others warned that his death could render the treaty void, [9], Within approximately 40 minutes of Villarreal accepting several bottles of beer from the other gang members and holding his first beer aloft,[10] Ertman and Pea passed the gang. 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