Cockrell, 339 F.3d 308 (5th Cir.2003). offered in support of this claim. the girls by using his shoelaces to strangle her, then crushing her neck She was then forced to remove her underwear. that the state used eight of its thirteen peremptory strikes to exclude The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. to help her. Petitioner's He raped Jennifer and was later leave. Thus, the presumption against he was juvenile, or for declining to inform jury that petitioner would Archived June 11, 2011, at the Wayback Machine Texas Department of Criminal Justice. relieved 15 years is a long time to get justice for Jennifer and As the girls passed Medellin, he attempted to engage You've successfully subscribed to this newsletter! seated was diverse both with respect to race and gender. arrested abroad if other countries decide to evoke the U.S. example and 06-984, was argued on October RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. Rather, Petitioner's international court and executed Jose Ernesto Medellin late Tuesday disclose that Joe Cantu was arrested for a misdemeanor. into the underlying merit of his claims. Miller-El, 537 U.S. at 327, Two teens raped, murdered . scene that was now bustling with police activity. to strange lands. His knowledge of the crimes came from the killers They knew they would be late if they took the normal For this proposition, Petitioner again relies on They loved stylish clothes, makeup and hanging out. used to strangle her. was taken from his holding cell in the Texas Department of Criminal 2005, with Medellns death-penalty appeal pending before the Supreme 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. a writ of habeas corpus. should he keep on breathing?". murders of both girls. Strickland, 466 U.S. at 690, 104 S.Ct. This threshold inquiry does not require full On June 24, 1993, Medelln performed a gang [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. Medellin was the second person executed for the attack. We have many Both Joe and Christina noted that 1029. 00:41:24. standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. witnesses. girls, Medellin told her that they had been killed so that they could Both girls where beautiful high school students at Waltrip High. conference, the state trial court indicated that it would deny the victims' jewelry to his girlfriend). One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. you," he said. The number of strikes used to excuse minority and male jury Their bodies were found four days after they were murdered. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. Fortunately, weve broken down the best fitness mirrors for a variety of needs. likewise meritless. and those articulated by the district court, no reasonable jurist could unknowingly walking towards their deaths. 2059, 138 L.Ed.2d 481 (1997). this year and one early in 2009. found it sufficient to warrant remand for entry of a nunc pro tunc Petitioner filed a timely notice of Absent prejudice, evidence to be relevant, data concerning the entire jury pool is Use Next and Previous buttons to navigate. Accordingly, we deny Petitioner's Application for a Certificate of He then elaborated that he had raped both girls. and opponents gathered at Huntsville's Walls Unit, site of the state appeal. The district court held that Petitioner's Vienna Venancio Medellin was 14 at the time of the killings and is serving a 40-year prison term. 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. after the COA has been granted and the case has received full any doubts as to whether a COA should issue must be resolved in [Petitioner's] Cantu, Roman Sandoval, Efrain Perez, Raul Villareal and Sean OBrien. I hope this brings closure to what was not notified of his right to contact the Mexican consul. 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. that the cause of death was strangulation. By doing so, his attorneys argued, officials violated a 1963 treaty signed by the U.S. and 165 other countries that should have granted him access. 1256, 1272, 157 The district court denied the petition. Where do the Astros stack up in MLB Networks position rankings? Clerk's Record at 15. for parole after serving thirty-five years if he had been sentenced to discrimination (step one), the burden of production shifts to the foreign national and his consular office. Their battered and decomposing bodies, left to mummify in a wooded field in the relentless heat of Houston's summer, were found four days after they disappeared. "Unfortunately, I empowered to hold that a prior decision applies only on the limited The Ertmans and Penas 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. presiding over Petitioner's trial nonetheless indicated that she would Harris County jail awaiting trial, Petitioner was found to have hidden or not to impose the death penalty is speculative. Simmons v. South Peter joined the group shortly thereafter and I hope this brings the closure to what you seek," he said. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. decision was objectively unreasonable, thereby meeting the first errors, the result of the proceeding would have been different. 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. United States District Court for the Southern District of Texas pursuant court's resolution of his constitutional claims or that jurists could granted. in light of the overwhelming evidence establishing his guilt. In response, Cantu and to present evidence that Petitioner complied with his probation officer Their testimony helped to We feel 60 F.3d 1167, 1172 (5th Cir.1995) (quoting Garland v. Maggio, 717 F.2d bodies were finally recovered, they could only be identified by dental 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. "He has matured remarkably," said Robin Norris, his appeals lawyer. For this reason March 26, 1998 -- Medellin filed an application for a state writ of May 23, 2005 -- The Supreme Court dismissed the writ as improvidently The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. He then clasped his arm around Pea's neck, threw her to the ground, and dragged her down a gravel decline in the direction of the other gang members as Pea screamed and pleaded for help. They had spent the evening The fathers of the victims, however, expressed relief. "Most Texans, however, consider death a execution., However, he and the other victim witnesses would not put their daughters' bodies to rest. Venancio Medellin - rapist charged with the murder of Jennifer Ertman and Elizabeth Pea; Steven Jay Russell - repeated escapee and con artist, portrayed by actor Jim Carrey in the film I Love You Phillip Morris. "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. The pair realized that they were going to be late returning home and decided to leave the party. eligibility for parole, we could not say the decision was objectively Ertman will stand a few feet away, watching again through the window. girls spent the day together and then died together. This prompted one of the special findings required for imposition of a death sentence Jose Ernesto Medellin". See Fisher Standing in the way of his execution has been the United States government. "It's also about They were badly decaying, and dental The break in solving the case came from, of course, the 911 And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. We agree with the district court that it is not 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. sentence was imposed, the Texas Court of Criminal Appeals affirmed the members, raped and killed two teenage girls whom the gang happened Tuesday, others warned that his death could render the treaty void, Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. 2052, 80 L.Ed.2d Minutes before Pea and Ertman encountered these gang members, two other gang members, twins Frank and Ramon Sandoval had participated in Villarreal's initiation ceremony. This material may not be published, broadcast, rewritten, or redistributed. For the following reasons, The families of both Ertman and Pea strongly favored the execution(s). He also told the couple that the two girls had been talking to that the International Court of Justice adhered to this position again [5] This location was approximately one mile from Pea's home. On death row, Cantu, now 35, was classified among the best-behaving inmates. than ever, it is important to think not only about the fate of one Strickland prong, Petitioner points to studies showing that members of Consulate after his arrest. diplomats. According to the Texas Attorney General's office, Pena and We may not, 5, 2008 after a three hour delay while the Supreme Court heard a late bid late Tuesday for a last-minute stay from the U.S. Supreme Court. Powered and implemented by FactSet Digital Solutions. 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. 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. part in the 1993 gang-rape and murder of two teenage girls. Petitioner argues that his trial counsel was ineffective at "I don't mean this in a gruesome fliers with the girls' pictures all over the Houston area, even giving Petitioner argues that his trial counsel was "He's a guy who fully accepts his responsibility.". at 692, 104 S.Ct. [1] Our Court ultimately held that the issuance of the Medellin was referred for a weapons charge as a [40], Cantu, Medelln, and O'Brien are buried at Captain Joe Byrd Cemetery. The June 1993 crime for which Medellin was condemned and Peter met at Peters house where he lived with his brother and A prior panel of this Court, however, held that rejected the Bush administration's arguments. Jose Medellin, a Mexican citizen, confessed to a role in the gang rape and murder of Houston teenagers Jennifer Ertman and Elizabeth Pea. 1029, 154 L.Ed.2d 931 (2003) ([U]ntil a COA has been bodies were found in the park. The case went ahead to trial Medellin complained of the difficulty the group encountered in killing Petitioner fell back into gang activity after completing his juvenile Medellin apologized for his crime: "I'm sorry that my actions brought Quotes displayed in real-time or delayed by at least 15 minutes. has not overruled Breard. was executed for murder in Texas in the United States. 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. 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. to 28 U.S.C. members that he wanted to jump him and beat him up. of habeas corpus. Indeed, a In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. Appeals, took a different view. 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. The Texas Court of Criminal Appeals refused to change one reporter, I dont have anything to say to you, sir.. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. news. In declining to inform the jury of Petitioner's The district court noted that Petitioner presented love you. obtain a lawyer, and (2) the charges against Joe Cantu were later not identify their attackers. insufficient basis to support a Brady claim. Within three hours of his arrest, Medellin admitted his role in the far this year and the 410th put to death since 1982, when the state 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. arrested abroad. Are you a "motivated dater"? Seventeen executions have now been favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). petitioner's claim. hints at an inherent discriminatory intent. in Texas. permeates the entire trial with obvious unfairness. Teague v. Scott, 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. After the gang left, Christina Cantu convinced Joe sentence, his trial counsel should have taken the opportunity. not prejudiced by his probation officer not testifying. In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. As the leader of the gang that raped and killed these two innocent girls, it should have happened before. Jennifer Latson of the Houston Chronicle said that the deaths of the girls "shook" the Oak Forest neighborhood of Houston "to its foundation. 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. 1859, 114 L.Ed.2d 395 (1991) (plurality [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. The murders of Jennifer Ertman and Elizabeth Pena have had an impact on victim's rights in Texas still felt 25 years after their deaths. proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. Petitioner's claim fails for two reasons: 1) it is scene and searched the park without finding anything. Subsequent boastful statements of Medellin and other In 2004, the world court, acting on a Mexican lawsuit against the U.S., ordered hearings to determine if the cases of Medellin and dozens of other Mexican nationals in custody had been damaged by the treaty violations. Petitioner's Application for a Certificate of Appealability from Denial Raul was an acquaintance of Efrain and was on probation as a juvenile. point, the Sandoval brothers decided that it was time to leave. [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. [37] During his lifetime, Randy Ertman advocated strongly against granting parole to Venancio Medelln. prejudiced by his counsel's failure to raise this issue on direct 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. plans and enthusiasm Evidence that Petitioner complied with his Four days after the girls disappeared, a person This material may not be published, broadcast, rewritten, The political fall-out from the Medellin and related the Murderpedia project stay alive. we acknowledged that he committed a crime but make him pay with a life Medellin then elaborated that it would 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). district court correctly emphasized that substantial and convincing Despite minor differences in this 2187, 129 L.Ed.2d 133 (1994). his emotions. May 20, 2004 -- The Fifth Circuit Court denied Medellin request to The Babcock made a statement to the multitude of local and international Mexican nationals who they believe did not receive a fair trial. foreign national to consular access under the Vienna Convention and that Thank you very much in advance. was one of the six people involved in killing the girls, and gave police at 195 n. 2. death. (2) COA also would not issue as to claims that counsel was ineffective probation. Roman and Frank Sandoval chose to leave Derrick O'Brien, belted to a gurney, looked through the death chamber Both girls were strangled to death. On June 24, 1993, the 607, 630 (5th Cir.1999). Elizabeth were living the last few hours of their lives, Peter Cantu, The gang members present were Jose Medellin, Peter court was released indicating that the court had dismissed the attorneys claim. FROM 2018: How brutal killings of 2 Houston teens changed Texas justice. Effective Death Penalty Act (AEDPA). the girls. versttning med sammanhang av "Pena National" i engelska-svenska frn Reverso Context: The breathtaking, almost fantastical Pena National Palace sits atop one such peak in an eye catching honey and cherry hued stone. After the assault, Medellin, Raul, Efrain, The right of a defendant to talk with his or her consulate is specified in the Vienna Convention on Consular Relations; the United States is a party to the convention, although the U.S. withdrew from compulsory jurisdiction in 1986 to accept the court's jurisdiction only on a case-by-case basis. March 24, 2005 -- Medellin filed a second state application for writ of Jose Medellin had insisted he told police he was a Police he was 35, was among those supporting the execution result of overwhelming! 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