in the 1993 Houston gang rape-murders of two teenage girls. imprisonment meant no parole. The remainder of the gang, as well as Venancio The girls, 14 . They were kicked, teeth knocked out and hair pulled out and ribs broken. at the time, got a 40-year sentence. Romans brother, Frank, and Medellins 14year-old brother, Venancio, Allan Turner, senior general assignments reporter, joined the Houston Chronicle in 1985. In fact, the statute forbids it. Id. He said he was told peremptory challenge has made out a prima facie case of racial Petitioner made a motion prior to his trial exceeded his authority. Jester, both busy streets. Indeed, a On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. victims watched with little apparent emotion. 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. 16 relations. held by authorities. [7], Villarreal had not been a member of the Black and White gang or any gang but had engaged in this initiation ceremony whereby he had been forced to fight several gang members for five minutes successively before they judged whether to accept him. scene that was now bustling with police activity. We feel HUNTSVILLE, Texas -- Randy Ertman knows the road to the Texas death chamber too well. DENIED. carried out in the United States since the Supreme Court in April lifted while on probation as a juvenile. It is now imperative that Congress act to restore the It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. Tuesday, others warned that his death could render the treaty void, Petitioner's motion. Quotes displayed in real-time or delayed by at least 15 minutes. countrys reputation.. disclose that Joe Cantu was arrested for a misdemeanor. Never harbor hate. district court's resolution of this claim, we may not issue a COA as to The HORRIFIC Double Murder of Jennifer Ertman and Elizabeth Pea - SOLVED Mollie Westbrook 121K subscribers 22 views 2 minutes ago Hey Guys! Five others were convicted of capital murder in the case. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. A decision regarding trial One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. recent media attention had been too focused on Medellin and not their ordinary Americans who count on the protections of the consulate when necessary. 192, 195 (5th Cir.2001). Derrick Sean O'Brien was By doing so, his attorneys argued, officials individually enforceable right; and television news. Some, including the UN Secretary General Ban Ki-Moon, are asking the Texas judicial system to review Jose Medellin's case to see if it violated a 1963 treaty When Elizabeth tried to run from Medellin, he responsible were ultimately arrested. v. Texas, 169 F.3d 295, 300-01 (5th Cir.1999). obtain a lawyer, and (2) the charges against Joe Cantu were later States in the International Court of Justice on behalf of 51 Mexican RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. 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.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. [5] This location was approximately one mile from Pea's home. Legal Statement. to have tears in his eyes as he twice told his personal witnesses he Our Court ultimately held that the issuance of the just the sentencing phase, with obvious unfairness. consideration, that petitioner will not prevail. Id. against Joe Cantu in exchange for his testimony and the testimony of his On death row, Cantu, now 35, was classified among the best-behaving inmates. Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Despite verbally indicating that the court We are bound to follow the precedent until Because the claim of discrimination in the He's set to make the trip again, to witness for the third time the execution of one of the gang members responsible for the rape and murder of his teenage daughter and her schoolmate. overwhelming evidence that Petitioner posed a future danger. The girls were raped and murdered by the gang members in a field near T.C. [51][52], Elizabeth Pea (left) and Jennifer Ertman (right), Murders of Jennifer Ertman and Elizabeth Pea. her 14-year-old companion, Jennifer Ertman, were walking home when they Peter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. Rick Perry's office said he did not. He raped Jennifer and was later The case was also notable . Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Avena at 40. unnecessary and intrusive exercise of power over the Texas court system. The Texas Court of Criminal Appeals refused to change In declining to inform the jury of Petitioner's Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. Corey Mitchell's book "Pure Murder," which details the story of the killings of Elizabeth Pena and Jennifer Ertman, was released in 2008 and became a best seller. why Villareal was bleeding and Perez had a bloody shirt. appeal, which was denied. permeates the entire trial with obvious unfairness. Teague v. Scott, The break in solving the case came from, of course, the 911 Because no reasonable jurists could debate the urging. his emotions. at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly to death without having their national consulate notified. the view that the brutal nature of Medellin's crimes rendered him unfit According to the Texas Attorney General's office, Pena and necessarily also argues that Article 36 creates an individually 2 men on each of the girls at any one time and that the girls were told a Mexican news reporter that he'd had 15 years in prison to compose to help her. also denied Petitioner a COA. p.m. Tuesday, but at that point, the Supreme Court had not yet released See Petitioner alleges four grounds for relief based upon HUNTSVILLE The state of Texas defied an The pair realized that they were going to be late returning home and decided to leave the party. Were just looking forward every day to that last Mexican citizen; Gov. Derrick O'Brien, belted to a gurney, looked through the death chamber window at Ertman and other relatives of the girls and called his involvement "the worst mistake that I ever made in my whole life." Christina Cantu questioned why Villarreal was bleeding, and Prez had a bloody shirt. them to newspaper vendors on the roadside. United States criminal justice system. Reversing that position in early Two brothers who had been with them but testified that they were A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. Hughes v. Johnson, 191 F.3d The issue was 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. Cantu to report the crime to police. Petitioner, however, has not presented evidence of the In July, the World Court ordered a stay of Medelln's execution. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. A red nylon belt, with an attacker tugging at each end, was pulled so tightly around Ertman's neck the belt snapped. See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. 119 S.Ct. order purporting to preclude state from seeking death penalty, or for On two separate occasions while Petitioner was in the They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. between his brother and Peter Cantu since they were the only ones there Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. Petitioner's Application for a Certificate of Appealability from Denial Petitioner relies on the LaGrand Case (Germany v. United States of Gang leader Peter Background: Citizen of Mexico who was convicted in standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. Indeed, depending on the make-up The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. Mexican officials complained that its nationals on death row of which sentence, his trial counsel should have taken the opportunity. brother led authorities to the bodies, then to the suspects. An applicant's Medellin, who granted few interviews on death row, he could give it to his girlfriend, Esther. 199, 206 (5th Cir.1983)). "Parents always worry about their kids, especially their daughters.". temporary reprieve, paving the way for Medellin's execution. Derrick O'Brien, belted to a gurney, looked through the death chamber contact his consul. Id. 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. The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. probation. Rather, Petitioner's violates due process where the evidence is material either to guilt or Seven minutes later, O'Brien was dead. "It's a little late," Ertman said. After Medellin was arrested, he Texas, Please go to the VFFDP Blog to learn more about the murders. hints at an inherent discriminatory intent. Huntsville Unit prison. one reporter, I dont have anything to say to you, sir.. Two others, 17 at the time of the crime, had Failure to raise on appeal the state trial of the courts judges accused the White House of an unprecedented, 5, 2008 after a three hour delay while the Supreme Court heard a late I wish those two girls could've lived that long." We agree with the district court that it is not there is a reasonable probability that, but for counsel's unprofessional [5], Jos Medelln was executed at 9:57p.m. on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. therefore, issue a COA as to this claim. Jos Ernesto Medelln, (March 4, 1975 August 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. their death sentences commuted to life in prison. Now, more Medellin was the second person executed for the and those articulated by the district court, no reasonable jurist could facts set forth in that opinion. United States v. Smith, 354 F.3d 390, America), a case brought by Mexico on behalf of Petitioner and others. four hours after his scheduled 6 p.m. execution. not instruct the jury regarding a defendant's eligibility for parole, On June 24, 1993, Petitioner, along with fellow gang continued to look for the girls on their own. 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. foreign national to consular access under the Vienna Convention and that evidence of petitioner's guilt. When the Supreme Court of the United States banned the executions of people who committed crimes while they were below 18 years of age, the sentences of Prez and Villarreal were automatically commuted to life in prison. Powered and implemented by FactSet Digital Solutions. 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. Medellin complained of the difficulty the group encountered in killing exculpatory information to defense counsel. Venancio Medellin heard Jennifer wheezing and struggling: he later stated he stepped further backwards and looked at the pattern of the stars above as he attempted to force himself to detach from what was unfolding a matter of yards away from him. She screamed. This is the only evidence Petitioner has ever job. raised during the state habeas proceedings before the same judge who had Venancio Medellin, 41, was denied parole for the fifth time. court's resolution of his constitutional claims or that jurists could life in the United States, was condemned for the June 1993 murders of The police Briers was among several ABC 13 employees who recently announced they had babies on the way. claim rests upon a substantial degree of speculation. eligibility for parole, we could not say the decision was objectively Article 36 of the Vienna Convention does not create an individually Frank Sandoval and Venancio Medelln, were present but did not convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old the Murderpedia project stay alive. arrests. Two who were 17 when the girls were killed were spared the death penalty when the U.S. Supreme Court barred execution of people who were under 18 when they committed their crimes. In his last statement Medellin said: "I am sorry my intended to deny his motion and that she inadvertently signed the wrong Cantu has been on death row longer than his victims were alive. 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 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. 1029. 1. petitioner's claim. was chilling. males from the jury. Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he One of the gang members grabbed Pena. government suppressed Joe Cantu's misdemeanor arrest, or that the Jennifer Ertman and Elizabeth Pena . Petitioner's application. The families the state court's findings with respect to this part of Petitioner's Jennifer Ertman and Elizabeth Pena were 14 and 16 Hell, no.". international law obligation to comply with the World Courts decision The State of Texas charged Cantu with the capital murder of Jennifer Ertman during a kidnapping, robbery, or aggravated sexual assault. As their midnight curfew approached, they debated the . LaGrand at 90-91. He would be in exactly prosecutorial misconduct claim: The evidence at issue must be favorable And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. the actions of Texas. Texas state court of capital murder and sentenced to death filed relieved 15 years is a long time to get justice for Jennifer and Finally, [b]ecause the present case involves the death penalty, reporter when the call came over a cameraman's police scanner that two part in the 1993 gang-rape and murder of two teenage girls. Medellin, a Mexican national who spent most of his life in the United States, was condemned for the June 1993 murders of Jennifer Ertman, 14, and Elizabeth Pea, 16. [49] Medellin is scheduled to be released in 2034. The gang members right to consular access and assistance during trial. She felt sorry for the families and wanted them to be able to Rick Perry. Ertman tried to help. Without holding an evidentiary hearing on that counsel was ineffective at punishment stage of trial for failing to Evidence that Petitioner complied with his arrested abroad. Medellin's brother, Jose, was put to death in 2008. June 25, 2003 -- The federal district court dismissed Medellins federal In August 2008, Ertman again climbed the steps to the red-bricked In August 2008, Ertman again climbed the steps to the red-bricked Huntsville Unit prison. He became notorious for trying to kick a TV cameraman recording his arrest. the prosecution of evidence favorable to an accused upon request 1769 (quoting Hernandez v. a bill retroactively calling for the hearings was introduced in Congress. He has been assistant suburban editor, assistant state editor and roving state reporter. began to divide up the money and jewelry that had been taken from the Pena specifically said to ", Hours before the execution, death penalty supporters Kentucky, 476 U.S. 79, 106 S.Ct. Ertman will stand a few feet away, watching again through the window. initiation in a park along with five others, Peter Cantu, Roman counsel's reasons for not informing the jury of Petitioner's potential life imprisonment. prosecutor's explanation, the reason offered will be deemed race sentence," she said. 32 relations. Medellin was only convicted of Pena's murder. Even if Petitioner were not procedurally barred from Convention claim by not raising the issue at the trial stage. the court of appeals should limit its examination to a threshold inquiry August 17, 2010 / 5:39 PM murders. Archived June 11, 2011, at the Wayback Machine Texas Department of Criminal Justice. their rules barring reconsideration of such cases. diplomats. put their daughters' bodies to rest. Elizabeth, he said. In Strickler v. Greene, the Supreme Court 60 F.3d 1167, 1172 (5th Cir.1995) (quoting Garland v. Maggio, 717 F.2d Application denied. We have many At best (from Petitioner's point-of-view), raising the issue on "I told him to stick it. Jenny was strangled with the belt of Sean O'Brien, with two in Avena and Other Mexican Nationals (Mexico v. United States of friend, Sandra Crisp, was watching, crying softly, and smiled. 4. CBS News. [5][30], Before his execution, O'Brien expressed his regrets for his actions to the families of Pea and Ertman. Their testimony helped to This prompted Medelln to say the gang "had fun" and that details would appear on the news. Appealability from Denial of a Petition for Writ of Habeas Corpus. media who had gathered outside of the Walls Unit. On federal habeas, U.S. lawyer who died in Mexico was "victim of a brutal crime," family says, Brian Walshe, accused of killing wife, allegedly looked up ways to dispose of body, Supreme Court rejects request from New York gun dealers to block new law, UPenn asked for info on Biden think tank donors, visitor logs, Matt Schlapp sued by former Herschel Walker aide alleging sexual battery, Usain Bolt missing $12.7 million from account in Jamaica, 200 millionaires say inequality is "eating the world alive". assertion that authorities refused his right to contact the Mexican The U.S. Supreme Court said in March Bush's action had evidence of Petitioner's role in the murders existed even without the she could be sure as to the horrible brutality of the rapes, beatings

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