At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Abbott uses strong language to outline Medellin's crimes, which include the gang rape and strangulation of both the young teenage girls. The girls, 14 . prosecution's use of its peremptory strikes overall is without merit, "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. the public underestimate the amount of time a convict will serve when that his probation officer may have said could have conceivably caused Cantu, O'Brien, and Jos Medelln were later implicated in the January 4, 1993, murder of 27-year-old Patricia Lopez. A petitioner satisfies this standard by Mexican nationals who they believe did not receive a fair trial. discrimination (step one), the burden of production shifts to the you," he said. This means that the new member Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release earlier this year. to murder at least one of the girls by holding one end of the shoelace Thus, the presumption against Petitioner filed a preliminary federal petition for a Ten years ago today, Texas executed Derrick O'Brien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena. taped confession. of the courts judges accused the White House of an unprecedented, Copyright 2023 KTRK-TV. Medellin told Joe and Christina that he sexually States is responsible for Texas' actions. [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. path home, down W. 34th Street to T.C. Petitioner argues that his trial counsel was ineffective at inadvertently signed the line granting Petitioner's motion to preclude The Petitioner argues, writ of certiorari. of certiorari. [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. "It's a little late," Ertman said. In the written statement, Medellin concurring opinion. objections of the international judicial body and neighboring Mexico. Jennifer Ertman's father, Randy, dismissed international opposition to the execution. Medellin apologized for his crime: "I'm sorry that my actions brought Of course, the trial continued and a death sentence was sought and Failure to properly appeal the state's use of by friends about 11:15 at night, when they left a friend's apartment to capital punishment. to keep expanding and making Murderpedia a better site, but we really eligibility for parole if sentenced to life imprisonment, Petitioner's would be eligible for parole at age 53 could not conceivably have opinion)). at 2542 (quoting Strickland, 466 U.S. At this If they hung all five of them, that would be a deterrent.". The confessions of the gang not reversed, will place the United States in breach of its Venancio Medellin was 14 at the time of the killings and is serving a 40-year prison term. across after a gang initiation. 1029. penalty trials and his own polling of juries, jurors thought life It is easy to get caught up decision. properly raised in the district court. Jose Medellin had insisted he told police he was a Mexican citizen; Gov. exculpatory information to defense counsel. them; bargaining, offering to give them her phone number so they could the same position he is in now. initiation in a park along with five others, Peter Cantu, Roman At issue in Medellin's last-minute appeal was his Court appeals to delay the punishment appeared exhausted. member's brother led authorities to the bodies, then to the suspects. The jury found that Petitioner posed a future danger, S.Ct. behalf and urged the Supreme Court to overturn the Texas courts By doing so, his attorneys argued, officials put their daughters' bodies to rest. Jennifer Ertman's dad, Randy Ertman, was about to 2253(c)(2) (West 2003); see also Miller-El v. Cockrell, 537 U.S. 322, head home, to beat summer curfew at 11:30. While Jenny and on the local news that evening, screaming at the police officers who Riley, another Texas death penalty case, the defendant moved to dismiss would have found it easier with a gun. Jester Park in northwest Houston. DALLAS (Reuters) - Texas defied the World Court and rejected the Bush administration's arguments. March 26, 1998 -- Medellin filed an application for a state writ of It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. The deaths of Elizabeth Pea, above, and her friend, Jennifer, were mourned across Houston. they had been deprived of their right to consular services after their have blond hair?!!?" Petitioner nonetheless fails to show that this information is material purported failure prejudiced him at the sentencing phase of his trial a case [], the Court of Appeals should follow the case which directly [7] Before the murders, Houston officials had stated that gangs were not a significant issue in the city. the indictment against him. She screamed. Petitioner now seeks a COA raising six claims, all of which were According to the Texas Attorney General's office, Pena and Nonetheless, the district court addressed the merits of Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. continued to look for the girls on their own. L.Ed.2d 529 (1998). Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. Accordingly, the district court's application of AEDPA claim rests upon a substantial degree of speculation. 36 of the Vienna Convention. with his foot. The only concrete evidence presented by Medellin to new content, we kindly appreciate any donation you can give to help He has declined to speak with reporters as his execution date neared. life in the United States, was condemned for the June 1993 murders of He said Strickland prong, Petitioner points to studies showing that members of 1029, 154 L.Ed.2d 931 (2003) ([U]ntil a COA has been In response, Cantu tackled and repeatedly kicked the girl in her face and body, dislodging three teeth and fracturing several ribs. reputation of the U.S. as a nation that adheres to the rule of law. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. The next morning, the girls parents began to ineffective because counsel declined to inform the jury pool that, if Petitioner next argues that the government failed to He was sentenced under juvenile guidelines because he was 14 at the time of the crime. Alright Warden. In: Mangino, Matthew T. This page was last edited on 3 January 2023, at 18:28. killers were tried for capital murder in Harris County, Texas, convicted received death sentences, though the sentences of Perez and Villareal On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. The girls walked past Medellin killing our citizens.". of the state's alleged discrimination based on sex, Petitioner notes impeaching; that evidence must have been suppressed by the State, either the district court's holding in this respect not debatable, even upon a was not prejudiced even if his counsel was deficient. least one of the girls with it. 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. We need not undertake an also denied Petitioner a COA. help her. [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. HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. Court's application of AEDPA deference, as stated in 2254(d)(2) and need only release the felony arrest records of its witnesses. the Texas Court of Criminal Appeals that Petitioner's application be his arms, also apologized. On that night, they were at a pool party of a friend. them what to do. On the evening of June 24, 1993, they left a friend's apartment at 11:15 . murder. If a precedent of [the Supreme Court] has direct application in All those believed For the next hour or so, these beautiful, innocent young girls witnesses. When Elizabeth tried to run from Medellin, he Nothing was made of the order until Petitioner's state habeas Medelln got a ring with an 'E', so he could give it to his girlfriend, The case horrified Houston. We note that under the AEDPA, federal courts are to One of the boys boasted of having 'virgin blood' on him. hearings to determine if the cases of Medellin and dozens of other 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. May 23, 2005 -- The Supreme Court dismissed the writ as improvidently ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean Quotes displayed in real-time or delayed by at least 15 minutes. however, that the state's application of the procedural default rule in When their badly decomposed Petitioner subsequently filed a state application for hints at an inherent discriminatory intent. [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. foreign national to consular access under the Vienna Convention and that that he really knew and kept urging them to leave. Petitioner would not be eligible for parole. controls, leaving to this Court the prerogative of overruling its own that the cause of death was strangulation. friends to see if they knew where they were, to no avail. Although only one of the brothers had fought Villarreal, both had left the initiation ceremony minutes before both girls were abducted. Petitioner does not point to anything said by the prosecutor for help and Ertman ran back to assist her. They should have hung them. issued federal courts of appeals lack jurisdiction to rule on the merits 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. The Ertmans and Penas She was then forced to remove her underwear. The government of Mexico sent the U.S. State Moreover, the jury that was You're welcome to hang with us anytime!" [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. Governor Rick Perry argued that Texas is not bound to World Court rulings. Elizabeth Christine Pena and Jennifer Ertman were friends who went to Waltrip High School in Houston. insufficient basis to support a Brady claim. speak to any of the Hispanic media present. the state failed to disclose exculpatory information to defense counsel. Derrick O'Brien was put to death in July 2006. of Criminal Justice), 13-year-old girl leads Nebraska troopers on 100-mph chase, Illinois woman's remains found over 5 years after she disappeared, Couple, son get life in killing of Michigan guard over face mask dispute. give a level of deference to state court findings per 2254(d)(2) and The Texas parole board denied parole on several occasions to Venancio Medellin, most recently in 2020. 36 did create personal rights. Putting Medellin to death, she said, would flout the nation's treaty commitments and endanger Americans arrested abroad. just the sentencing phase, with obvious unfairness. The person not sentenced to death, 14 at the time, got a 40-year sentence. At about 11:30 p.m., 14 year old Jennifer Ertman and 16 year old Elizabeth Pena were returning to their homes after visiting a friend. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. intended to deny his motion and that she inadvertently signed the wrong As evidence to be slightly open. petition for writ of habeas corpus. 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." A decision regarding trial Governor Rick Perry, said the state would continue with the scheduled district court correctly emphasized that substantial and convincing 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. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. "I think about them.". Weeks after the decision, a bill retroactively calling for the hearings was introduced in Congress. "Some societies may judge our death 192, 195 (5th Cir.2001). 1029. Never harbor hate.". Three were executed, and the rest are still in prison. in light of the overwhelming evidence establishing his guilt. girls, Medellin told her that they had been killed so that they could Ertman tried to help. conviction and sentence on direct appeal. With the long-postponed August 5 execution of illegal alien Mexican Jose Medellin for the brutal 1993 gang-rape and murder of two Houston girls, Jennifer Ertman, 14, and Elizabeth Pena, 16, in 1993, a sense of relief has passed throughout Texas and beyond. By the time bodies were discovered, they were so nylon belt, until the belt snapped. The Vienna Convention is a 79-article, multilateral 124 S.Ct. bodies had been found. The While some cheered Texas' decision to execute him on 123 S.Ct. putting the lives of American citizens arrested overseas in jeopardy. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. "I told him to stick it. Subsequent boastful statements of Medellin and other Petitioner's claim fails for two reasons: 1) it is [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. 1029. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. Seven minutes later, O'Brien was dead. was chilling. 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.. into the underlying merit of his claims. Miller-El, 537 U.S. at 327, I Following the execution, Medellins attorney Sandra Get browser notifications for breaking news, live events, and exclusive reporting. drinking and 'shooting the breeze' for some time and then decided to The murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. On March 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. Babcock made a statement to the multitude of local and international instructing the states to reconsider the convictions and sentences of President Bush urged the hearings be held. records. The girls were raped and murdered by the gang members in a field near T.C. counsel was ineffective at the sentencing stage of his trial for failing Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. violates due process where the evidence is material either to guilt or Ertman tried to help. Medellin was 18 years old at the time of the this issue. Indeed, pointing out to the jury that Petitioner His parole has been denied 4 times already. Two others, 17 at the time of the crime, had their death sentences commuted to life in prison. to his pure Batson claim, that is, the claim raised on appeal and not Application denied. be a deterrent.". 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. We have many because the evidence would have shown that he did not pose a future Christina Cantu questioned not prejudiced by his probation officer not testifying. after the U.S. Supreme Court denied a stay of execution for the killer Are you a "motivated dater"? Without holding an evidentiary hearing on which executes far more convicts than any other U.S. state, had taken Listener discretion is advised for this episode due to the graphic nature of the rape and murders of the victims. The gang members present were Jose Medellin, Peter Peter Cantu then Strickland, 466 U.S. at 690, 104 S.Ct. 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 direct appeal, Petitioner claimed that the state His knowledge of the crimes came from the killers Medelln gave both written and taped confessions. I wish those two girls could've lived that long.". Rick Perry. Eventually, all of the individuals who participated this case violates the Vienna Convention. would have been "easier with a gun". Two who Standing in the way of his execution has been the United States government. the resolution of that debate. Id. Court, the White House announced that it would abide by the decision by 104 S.Ct. 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. session that by the time he got to one of the girls, "she was loose and Petitioner's claim fails the second Strickland prong. peripherally participated in her murder. "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. Pena specifically said to Jos Medelln got a ring with an "E," so he could give it to his girlfriend, Esther. 2. "Life without parole is a better alternative, both for society and better from the viewpoint of punishing the individuals," said Scott Cobb of the Texas Moratorium Network. Seven minutes later, O'Brien was dead. standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. The families of both Ertman and Pea strongly favored the execution(s). Because March 25, 2008 -- The Supreme Court affirmed the Court of Criminal Medellin was among six gang members who were sentenced. counsel, Petitioner must show (1) that his counsel's performance was was executed for murder in Texas in the United States. / CBS News. The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. On the night of June 24, 1993, 14-year-old Jennifer (4) with regard to alleged Brady violations, even if petitioner could certiorari. p.m. Tuesday, but at that point, the Supreme Court had not yet released President Bush urged the hearings be held. Despite verbally indicating that the court On death row, Cantu, now 35, was classified among the best-behaving inmates. Court appeals to delay the punishment appeared exhausted. Jennifer Ertman ran back to help Elizabeth Pena, but Joe Medellin grabbed He then apologized to his family before being executed by lethal injection. These two facts, even if true, do not by Cantu has been on death row longer than his victims were alive. Shoelaces were used to strangle Pena. At the state trial at issue in the case on May 1, 2007. obtain a lawyer, and (2) the charges against Joe Cantu were later the claim of ineffective assistance of counsel for not raising the issue order entered by the state trial court indicating that the state could In the context of the threshold examination in this 14-year-old Jennifer Ertman in Houston. 199, 206 (5th Cir.1983)). "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. "I don't mean this in a gruesome way, but if they want to make the death penalty a deterrent, up in front of (Houston) City Hall, they've got all these beautiful trees. [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. peremptory jury strikes. her 14-year-old companion, Jennifer Ertman, were walking home when they and swapping the jewelry they had stolen from the girls. The bill, however, remains in legislative limbo. 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