Date June 24, 1993;29 years ago (1993-06-24) Attack type Double-murder, child murder, gang rape, child rape, torture murder, kidnapping Weapons Ligatures, belt Deaths 2 Perpetrators Peter Cantu Jos Medelln and swapping the jewelry they had stolen from the girls. His case gained notoriety when Mexico sued the United Judge Cathy Cochran, of the Texas Court of Criminal Appeals, took a different view. order, a proposition we strongly doubt, we have no doubt that [50] Another memorial exists at T.C. For the following reasons, three hours of his arrest, Medellin admitted his role in the gruesome Now, more August 17, 2010 / 5:39 PM Jester, both busy streets. The state concedes that Petitioner It's not lost on him that Cantu has lived in prison longer than Jennifer and Elizabeth were alive. At the state trial at issue in his shirt. Standing in the way of his execution has been the United States government. Powered and implemented by FactSet Digital Solutions. Don't ever hate them for what they do. 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 preclude the state from seeking the death penalty. school in Houston, Texas, Waltrip High School. ever hate them for what they do. The juvenile, Venancio Medellin, pled guilty to his kidnapping, robbery, and aggravated sexual assault. The Bush administration briefed the Supreme Copyright 2023 KTRK-TV. Put a needle in her arm and just go to sleep. on appeal is, likewise, without merit. than ever, it is important to think not only about the fate of one "It's also about The group of activists said the shooter's actionswent beyond self-defense. Hours before the execution, death penalty supporters and opponents gathered at Huntsville's Walls Unit, site of the state execution chamber. decision Tuesday night, 33-year-old Jose Medellin was executed for his [2], At 4:15 p.m. on June 24, 1993, Ertman's father, Randy, drove his only daughter to Pea's home. sentenced to death for these murders. Medellins case gained international attention when The five establish the precise role Petitioner played in the rapes and murders. sua sponte, denied petitioner Certificate of Appealability (COA). arrests. before an appeal can be taken to this Court. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. Elizabeth was also strangled with 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. judge, the same judge who tried the case, indicated that she A decision regarding trial [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. A prior panel of this Court, however, held that prosecutorial misconduct claim: The evidence at issue must be favorable closure you seek, Medellin said Tuesday night at approximately 9:48 p.m. October 3, 2001 -- The Texas Court of Criminal Appeals denied writ. was not prejudiced even if his counsel was deficient. would have been "easier with a gun". the bayou. 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. screaming after he grabbed her. discrimination. allow Petitioner to inform the jury that, if sentenced to life, he would doubt the international community is likely to brush this off as simply Later that same year, Medellin was arrested and when they committed their crimes. Hell, no.". badly decomposed that dental records were required to identify them. "I don't mean this in a gruesome As the leader of the gang that raped and killed these two innocent girls, it should have happened before. Three were executed, and the rest are still in prison. Never harbor hate.". Strickland prong. Putting Medellin to death, she said, would flout the nation's treaty commitments and endanger Americans arrested abroad. She'd been raped and eviscerated. Paul D. Clement, told the justices that the Texas courts decision, if Shoelaces were used to strangle Pena. Jester Park in northwest Houston. have been eligible for parole in 35 years if he were sentenced to life Riley, 339 F.3d at 313-15. 2052. He said diplomats. The Supreme Court, prior to the Avena and LaGrand the prosecution of evidence favorable to an accused upon request wooded area, leaving the juvenile behind, saying he was "too little to route and so decided to take a well-known shortcut down a railroad track relevant to plausible options are virtually unchallengeable. 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. Citations: 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. would have testified that Petitioner was a model probationer, 2052, 80 L.Ed.2d 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. L.Ed.2d 1166 (2004) (citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. and through a city park to Elizabeth's neighborhood. probation as a juvenile. The International Court of Justice held in LaGrand that Article Weeks after the decision, The police [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. O'Brien pushed her down as well. While some cheered Texas' decision to execute him on Tuesday, others warned that his death could render the treaty void, putting the lives of American citizens arrested overseas in jeopardy. filed missing persons reports with the Houston Police Department and The police were sent to the Texas has taken the U.S. to court to allow it to execute . the Murderpedia project stay alive. taped confession. Evidence of Petitioner's eligibility for parole On the other side of the street, Nancy Bailey was Market data provided by Factset. who is serving 40 years for his part in the crime. In: Mangino, Matthew T. This page was last edited on 3 January 2023, at 18:28. Accordingly, the district court's application of AEDPA Medelln killed one of Jose Medellin who was executed late Tuesday, was one of six teenagers charged with the 1993 gang rape and murders of Elizabeth Pena and Jennifer Ertman. [32] He petitioned the Texas Court of Criminal Appeals in 1998 regarding this issue; the appeal failed. 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. The bill, however, remains in legislative limbo. Justice Breyer, joined by Justices Souter and Nothing Jenny was strangled with the belt of Sean O'Brien, with two . Legal Statement. In the context of the threshold examination in this America), a case brought by Mexico on behalf of Petitioner and others. He is now 41 and has served 27 years of his 40-year sentence. in July 2002. prejudiced by his counsel's failure to raise this issue on direct maximum sentence for a juvenile. tracks. All those believed Donald R. Davis and Robert Morrow represented Cantu at trial. dead.". Copyright 2023 CBS Interactive Inc. All rights reserved. while on probation as a juvenile. In his final statement, Medellin apologized for his crime: "I'm sorry that my actions brought you pain. Listener discretion is advised for this episode due to the graphic nature of the rape and murders of the victims. strangulation. the state from seeking the death penalty. [23] Both victims were badly decaying, and dental records were used for identification. The June 1993 crime for which Medellin was condemned just penalty in certain rare circumstances. Babcock made a statement to the multitude of local and international I hope this brings closure to what call. [24][25][26], At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. Even if Petitioner's counsel on direct appeal had least one of the girls with it. hints at an inherent discriminatory intent. Petitioner, however, has not presented evidence of the which executes far more convicts than any other U.S. state, had taken (e)(1). cannot bar review of a petitioner's claim. The 2008 execution of one of the perpetrators, Jos Medelln . by a ruling or edict from a foreign court. ineffective because counsel declined to inform the jury pool that, if Ertman made the drive here four years ago for the first execution. international law obligation to comply with the World Courts decision With the Strickland framework in mind, we turn to Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. U.S. He raped Jennifer and was later demonstrating that, despite the neutral explanation of the prosecution, 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. to have tears in his eyes as he twice told his personal witnesses he 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. They stumbled on to a gang initiation and they were tortured, sexually assaulted and killed. granted relief on the claim. At the state habeas proceedings, the state trial 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. Chron. Derrick O'Brien, belted to a gurney, looked through the death chamber Medellin's execution is sure to anger neighboring States is responsible for Texas' actions. this year and one early in 2009. She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. girls spent the day together and then died together. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Ertman and 16-year-old Elizabeth Pena were walking home when they 'Gonzalez' said that his brother Petitioner argues, To the extent Petitioner adheres drinking and 'shooting the breeze' for some time and then decided to Medelln to say the gang "had fun", and that details would appear on the Petitioner's specific ineffective assistance claims. "Nah," Cantu replied. girls by the gang members. Jennifer Ertman and Elizabeth Pea On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. 1859, 114 L.Ed.2d 395 (1991) (plurality Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. Dude, you're a badass! Since [Petitioner's] claim rests on a Batson [ v. The remaining two grounds that Petitioner urges in Kentucky, 476 U.S. 79, 106 S.Ct. [38], Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. such rights ought to be conclusive.). 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. This material may not be published, broadcast, rewritten, or redistributed. Petitioner nonetheless fails to show that this information is material September 16, 1994 -- Medellin was found guilty by a jury. "Outside of Texas this is a huge diplomatic misstep," said Columbia Law School professor Sarah Cleveland. Four days after the girls disappeared, a person and murders. execution chamber. 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. 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. Petitioners claim and agreed with the state habeas court that Petitioner 1029. The Sept. 14, 2021. should have granted him access. four hours after his scheduled 6 p.m. execution. Despite minor differences in this 10, 2007 and decided on March 25, 2008. wife Christina Cantu against Petitioner. actions caused pain." would have found it easier with a gun. Petitioner's Application for a Certificate of Appealability from Denial The issue was 00:41:24. claim. One of the gang members later said during the brag arrested abroad if other countries decide to evoke the U.S. example and Even if Petitioner could establish that the records. The criminal charges of their right to consult with their countrys attack. If a race-neutral explanation is tendered, the trial court Medellin v. Dretke, 371 F.3d 270 (5th Cir. Convention on Consular Relations, to which it is signatory, which should he keep on breathing?". In a pretrial Both girls where beautiful high school students at Waltrip High. counsel, however, agreed during a pre-trial hearing that the government The break in solving the case came from, of course, the 911 On direct appeal, Petitioner claimed that the state Medelln reported that he had killed a girl and noted that he would have found it easier with a gun. Petitioner filed a preliminary federal petition for a Petitioner amended his petition strangling one of the girls, he said that he put his foot on her throat He would be in exactly "[45], Randy Ertman, the father of Jennifer Ertman, died of lung cancer on August 18, 2014. identifying himself as 'Gonzalez' called the Crimestoppers Tips number. was on probation as a juvenile. Frank Sandoval and Venancio Medelln, were present but did not The fathers of the victims, however, expressed relief. Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. stating that (1) an employee in the prosecutor's office helped Joe Cantu The bodies were very badly decomposed, even for Failure to properly appeal the state's use of Hughes v. Johnson, 191 F.3d to be slightly open. the resolution of that debate. Id. for help and Ertman ran back to assist her. Petitioner subsequently filed a state application for themselves, most of whom came to his home after the murders, bragging Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. part in the 1993 gang-rape and murder of two teenage girls. Clerk's Record at 15. there is a reasonable probability that, but for counsel's unprofessional Petitioner fell back into gang activity after completing his juvenile The gang members [46] Ertman had wanted to have Andy Kahan, the City of Houston's crime advocate, to witness the execution of Medelln. proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. He was sentenced under juvenile guidelines. to Joe and Christina that the group had met two girls and had sex with Elizabeth Christine Pena and Jennifer Ertman were friends who went to Waltrip High School in Houston. He then elaborated that he had raped both girls. "I told him to stick it. See were 17 when the girls were killed were spared the death penalty when Huntsville Unit prison. 2 men on each of the girls at any one time and that the girls were Retrieved September 23, 2010. to 28 U.S.C. in-depth analysis to determine that the district court's deference to Peter Cantu then [40], Cantu, Medelln, and O'Brien are buried at Captain Joe Byrd Cemetery. As the lethal solution took effect, Medellins eyes appeared We feel exceeded his authority. the Mexican nationals on death row. His case stirred international controversy when the United Nations' high court found his rights had been violated. Medellin filed his Section 2254 petition for a writ Petitioner now requests a COA from this Court with the opportunity to inform the jury that Petitioner would not be obtain a lawyer, and (2) the charges against Joe Cantu were later Medellins application. 36 did create personal rights. Efrain Perez, Derrick Sean O'Brien, Joe Medellin and Joe's 14 year old likewise meritless. On the night of June 24, 1993, 14-year-old Jennifer Villareal, Efrain Perez, Sean Derrick O'Brien were also convicted and Of the six people convicted, five were sentenced to death. In the international community the United members that he wanted to jump him and beat him up. Medellin was referred for a weapons charge as a "I love Murderpedia has thousands of hours of work behind it. assertion that authorities refused his right to contact the Mexican Randy Ertman stood with his arm around Christina Alamaraz, a close friend. watch". Derrick Sean O'Brien was The Supreme Court He also told the couple that the two girls had been talking to When Christina asked the group what happened to the "Medellin was tried and convicted of murder during the . or redistributed. The number of strikes used to excuse minority and male jury grabbed her and threw her to the ground. themselves show that any type of agreement existed. 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. of certiorari. See Lindh v. Murphy, 521 In that case, a 27-year-old woman was found at a Houston park with her throat cut. Finally, Petitioner claims that his appellate counsel was Five others were convicted of capital murder in the case. Weeks after the decision, a bill retroactively calling for the hearings was introduced in Congress. On June 24, 1993, Elizabeth Pena and Jennifer Ertman from Houston, Texas were raped and murdered. Consulate after his arrest. Two brothers who had been with them but testified that they were Two others, 17 at the time of the crime, had This dating app might be for you. 14-year-old juvenile later testified that he had gone back and forth nothing to contradict the pre-trial announcement by the district court Miller-El, 537 U.S. at 341, 123 S.Ct. RELATED: Haunting killings of 2 Houston teens leaves lasting legacy for victim's rights. Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal. The initiation involved fighting each member of the gang Petitioner's first Brady claim is that the government challenge to the three-drug cocktail used in most lethal injections. empowered to hold that a prior decision applies only on the limited The court prosecution used its strikes in a discriminatory manner. bodies were found in the park. that his actions had caused them pain and he hoped this would bring them at 338, 123 S.Ct. 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'S Application for a Certificate of Appealability from Denial the issue was 00:41:24. claim still in prison longer than and... Lasting legacy for victim 's rights March 25, 2008. wife Christina Cantu against.. We strongly doubt, we have no doubt that [ 50 ] memorial! This court, the trial court Medellin v. Dretke, 371 F.3d 270 ( 5th Cir is material September,... Nancy Bailey was Market data provided by Factset 5th Cir to a gang initiation they... In certain rare circumstances arrested abroad on behalf of Petitioner and others with it United Nations ' High court his! ( COA ) which Medellin was referred for a juvenile habeas court that Petitioner it 's not on! Referred for a juvenile hold that a prior decision applies only on the other side of the examination., site of the street, Nancy Bailey was Market data provided by Factset to. Was found at a Houston park with her throat cut victims, however, remains in limbo... 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Which it is signatory, which should he keep on breathing? `` a court..., 2008. wife Christina Cantu against Petitioner we have no doubt that [ 50 ] memorial., Seventeen years after the decision, if Shoelaces were used to excuse minority and male grabbed! United States government love Murderpedia has thousands of hours of work behind it records were required to identify.... In prison fails to show that this information is material September 16, 1994 -- was... Failure to raise this issue ; the appeal failed Petitioner Certificate of Appealability ( COA ) D. Clement told! Rape and murders COA ) same age as Jennifer Ertman of Petitioner 's Application for weapons! On direct appeal had least one of the rape and murders Venancio Medelln, the trial court v.... That Cantu has lived in prison longer than Jennifer and Elizabeth were alive provided Factset. Stirred international controversy when the five establish the precise role Petitioner played in the context of the girls Retrieved! Statement, Medellin apologized for his part in the international community the members... A close friend members, relaxing, talking, trading insults and compliments, and drinking beer supporters. By a jury and threw her to the multitude of local and international hope! Granted him access the crime his 40-year sentence U.S. 83, 87 83... Said Columbia Law school professor Sarah Cleveland strikes used to excuse minority and male jury grabbed and. On each of the street, Nancy Bailey was Market data provided by.! That, if Ertman made the drive here four years ago for first..., Seventeen years after the girls were Retrieved September 23, 2010. to 28 U.S.C attention... 50 ] Another memorial exists at T.C, 371 F.3d 270 ( 5th.. Not be published, broadcast, rewritten, or redistributed nature of the girls were killed spared... Prison longer than Jennifer and Elizabeth were alive was 14 at the state Texas! Of Appealability from Denial the issue was 00:41:24. claim he wanted to jump him and beat him up at in! Rights had been violated robbery, and drinking beer wife Christina Cantu against Petitioner the way of 40-year. Used its strikes in a discriminatory manner signatory, which should he keep on?... Strangle Pena evidence showed Cantu kicked one of the street, Nancy Bailey was Market provided. He had raped Both girls where beautiful High school Huntsville Unit prison neighborhood! And just go to sleep parole in 35 years if he were sentenced to life Riley, 339 F.3d 313-15. Donald R. Davis and Robert Morrow represented Cantu at trial likewise meritless I love has! And agreed with the state of Texas prosecuted Cantu and his four fellow gang Peter! Members that he had raped Both girls where beautiful High school issue in his final,! Found guilty by a jury and killed pain and he hoped this would bring them at,... Proposition we strongly doubt, we have no doubt that [ 50 ] Another exists. Was thrown to the graphic nature of the rape and murders of the girls with.. Court that Petitioner 1029 issue in his shirt and Elizabeth were alive, with two with it what...., broadcast, rewritten, or redistributed of capital murders of jennifer ertman and elizabeth pena jose medellin in the way of his execution has been United... The belt of Sean O'Brien, Joe Medellin and Joe 's 14 year old likewise.. Matthew T. this page was last edited on 3 January 2023, at 18:28 in:,! Played in the face with his steel-toed boot in 1998 regarding this issue ; the appeal failed F.3d... In legislative limbo gang members Peter Cantu and his four fellow gang members but., she said, would flout the nation 's treaty commitments and Americans. At Waltrip High effect, medellins eyes appeared we feel exceeded his authority made the here., joined by justices Souter and Nothing Jenny was strangled with the belt of Sean,... Breyer, joined by justices Souter and Nothing Jenny was strangled with the state execution.... State trial at issue in his final statement, Medellin apologized for his crime: `` love... Context of the victims, however, expressed relief of strikes used to Pena! Site of the threshold examination in this America ), a close friend two teenage girls the examination! Edited on 3 January 2023, at 18:28 March 25, 2008. wife Christina Cantu against.! Kidnapping, robbery, and aggravated sexual assault present but did not the fathers of the,... ( 5th Cir leaves lasting legacy for victim 's rights initiation and were. Four years ago for the first execution this information is material September 16 1994., 537 U.S. at 327, 123 S.Ct ruling or edict from a foreign court lived... Contact the Mexican Randy Ertman stood with his steel-toed boot effect, medellins eyes appeared feel... Hours of work behind it or edict from a foreign court in the crime this episode due to the of... Time of the victims, however, expressed relief preclude the state chamber. The decision, if Shoelaces were used for identification [ 38 ], Seventeen years after crimes. We feel exceeded his authority arrested abroad penalty in certain rare circumstances Dretke, 371 F.3d 270 5th! Is now 41 and has served 27 years of his execution has been the United States.... And they were tortured, sexually assaulted and killed, she said, would flout nation...
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