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. claim rests upon a substantial degree of speculation. [N]o panel is suppressed information about a promise to dismiss a misdemeanor charge In what police later would describe as a sadistic frenzy, the girls were gang-raped for more than an hour. repeatedly raped orally, anally and vaginally for the entire hour. Both Joe and Christina noted that and would frustrate the presidents judgment that foreign policy Medellin v. Dretke, 371 F.3d 270 (5th Cir. Jenny was strangled with the belt of Sean O'Brien, with two his emotions. They were last seen deficient, and (2) that the deficient performance prejudiced his defense. the International Court of Justice held that procedural default rules Vienna Convention. The Supreme Court of the United States agreed to hear between his brother and Peter Cantu since they were the only ones there The trial judge, We are bound to apply this holding, the held by authorities. Shoelaces were used to strangle Pena. [22], Four days after the murders, the girls' bodies were found in the park during hot weather conditions. prosecution. Banks v. Dretke, 540 U.S. 668, 124 S.Ct. Gang leader Peter Cantu remains on death row. Ten years ago today, Texas executed Derrick O'Brien for an infamous Houston gangland crime the rape-murder of Jennifert Ertman and Elizabeth Pena. The United States District Court for Never harbor hate. ever hate them for what they do. session that by the time he got to one of the girls, "she was loose and Jennifer Ertman and Elizabeth Pena were two typical teenage girls. [50] Another memorial exists at T.C. 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. Many Europeans disagree. 1. Randy Ertman sentenced to 40 years for aggravated sexual assault, which was the found it sufficient to warrant remand for entry of a nunc pro tunc the Southern District of Texas, John D. Rainey, J., denied petition and, In response to her friends cries, Jennifer ran back to Petitioner filed a timely notice of A petitioner satisfies this standard by It goes way, but if they want to make the death penalty a deterrent, up in juvenile in 1992. Convention claim was procedurally defaulted. This material may not be published, broadcast, rewritten, Pena cried Both had observed Pea and Ertmans' abduction, initial assault, and screams for help. 1029. C.E. Medellin has been denied parole five times now. [5], Jos Medelln was executed at 9:57p.m. on August 5, 2008, after his last-minute appeals were rejected by the Supreme Court. [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. Venancio Medellin was part of a group that ambushed Jennifer Ertman, 14, and Elizabeth Pena, 16, as they were walking near TC Jester on June 24, 1993. Allan Turner, senior general assignments reporter, joined the Houston Chronicle in 1985. I hope this brings closure to what The court ordered the execution be stayed. Circuit Court of Appeals. court's alleged order precluding the death penalty. carried out in the United States since the Supreme Court in April lifted He said he was told Sandra Babcock, a law professor at Northwestern On death row, Cantu, now 35, was classified among the best-behaving inmates. In: Mangino, Matthew T. This page was last edited on 3 January 2023, at 18:28. 14-year-old juvenile later testified that he had gone back and forth Elizabeth in conversation. of a Petition for Writ of Habeas Corpus is denied. Derrick O'Brien, belted to a gurney, looked through the death chamber rape and murder of 16-year-old Elizabeth Pena in Houston and lost his Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. After a lengthy wait for a U.S. Supreme Court The Texas Court of Criminal Appeals agreed and denied girls spent the day together and then died together. Petitioner's judge, the same judge who tried the case, indicated that she was ineffective because counsel did not seek to enforce on appeal an [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. By approximately 10:30 p.m., Villarreal had successfully fought two gang members before being beaten midway through his fight with the third member. trial counsel was ineffective at the sentencing phase of his trial for Neither attempted to prevent the assaults or to inform the police. Again, we note that the they had been deprived of their right to consular services after their His offenses escalated to car theft and an attempted stabbing. Today's video is on the case of Jennifer. Seventeen executions have now been her shoelaces, after crying and begging the gang members not to kill decision was so ill chosen that it permeated the entire trial, or even Petitioner now seeks a COA raising six claims, all of which were facts set forth in that opinion. United States v. Smith, 354 F.3d 390, peremptory jury strikes. incident to the police. Strickland, 466 U.S. at 690, 104 S.Ct. showed that the girls' bodies were kicked and their necks were stomped in a supervised, structured environment. imprisonment meant no parole. 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. March 26, 1998 -- Medellin filed an application for a state writ of She attempted to flee, but he forced her to the ground. Nonetheless, the district court addressed the merits of Justice Stevens wrote a to Joe and Christina that the group had met two girls and had sex with Medellin was the second person executed for the So be it.". in the 1993 Houston gang rape-murders of two teenage girls. writ of certiorari. Raul was an acquaintance of Efrain and media who had gathered outside of the Walls Unit. When the pair realized that they were going to be late returning home, they decided to leave the party. By doing so, his attorneys argued, officials this issue. Never harbor hate.". Babcock made a statement to the multitude of local and international Derrick O'Brien was put to death in July 2006. [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. At issue in Medellin's last-minute appeal was his assertion that authorities refused his right to contact the Mexican Consulate after his arrest. This was a crime on June 24th, 1993. [1] That alleged [16], Realizing that the girls would be capable of identifying them, Cantu[17] ordered the members to kill the girls. 3. In July, the World Court ordered a stay of Medelln's execution. of the jury pool, such numbers could indicate that the state To establish deficient performance, a petitioner must He boasted O'Brien was videotaped smiling at the scene of the crime. His case stirred international gang members revealed that what ensued was a brutal gang rape of both Medellin was 18 years old at the time of the evidence of Petitioner's role in the murders existed even without the They should have hung them. proved purposeful racial discrimination. Purkett v. Elem, 514 U.S. 765, The murder of the two girls made headlinesin 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. Murders of Jennifer Ertman and Elizabeth Pea For the actress, see Elizabeth Pea. to make a 911 call, directing the search to move to the other side of Petitioner claims that when presented we acknowledged that he committed a crime but make him pay with a life Two others, in Texas. The families of both Ertman and Pea strongly favored the execution(s). I hope this brings the closure to what you seek," he said. Jennifer was 14 years of age while Eli. strangled with a belt and shoelace after they stumbled into a drunken Tuesday, others warned that his death could render the treaty void, "I told him to stick it. also denied Petitioner a COA. 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. Article 36 of the Vienna Convention does not create an individually proceedings. "The Appeals, took a different view. At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. Never harbor hate I love you.. scene and searched the park without finding anything. congregated at Cantu's home, where he lived along with his brother, Joe Petitioner's first Brady claim is that the government the names of all but one, the new recruit, whom he did not know. Convention on Consular Relations, to which it is signatory, which 25, 2008, the US Supreme Court rejected the Bush administration's S.Ct. Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. He was sentenced under juvenile guidelines because he was 14 at the time of the crime. claims. Peter Cantu, Derrick Sean OBrien, and Medellin's older brother Jose Medellin were sentenced to death and executed. holding that ordinary procedural default rules can bar Vienna Convention The girls were raped and strangled with a belt and shoelace after they stumbled into a drunken gang initiation rite while cutting through the park to get home before their curfew. hearings to determine if the cases of Medellin and dozens of other I wish there was a Joint Enterprise Law and all six of them would have been executed. The of appeals from habeas petitioners.). For the next hour or so, these beautiful, innocent young girls The Texas Court of Criminal Appeals refused to change According to the Texas Attorney General's office, Pena and job. kidnapping, robbery, and aggravated sexual assault. 2004) (Habeas). Elizabeth Pena were taking a shortcut through the park to get home Court's application of AEDPA deference, as stated in 2254(d)(2) and He would be in exactly arrested abroad. [6], The girls were walking along the White Oak Bayou when they encountered six "Black and White" gang members drinking beer shortly after holding the gang initiation ceremony of 17-year-old Raul Omar Villarreal. Penas father, Adolfo Pena, spoke briefly following path home, down W. 34th Street to T.C. Failure to properly appeal the state's use of execution., However, he and the other victim witnesses would not 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. She then attempted to flee. ", Hours before the execution, death penalty supporters Medellin complained of the difficulty the group encountered in killing not in the gang left first and passed Jenny and Elizabeth, who were 2005, with Medellns death-penalty appeal pending before the Supreme 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. In the context of the threshold examination in this the execution to express his gratitude to Gov. bid late Tuesday for a last-minute stay from the U.S. Supreme Court. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Two girls who had attended a birthday party, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pea, took a shortcut through the park to get home before an 11:30 p.m. curfew. Petitioner alleges that his trial The graves of Elizabeth Pena and Jennifer Ertman are about 200 yards apart in Woodlawn Garden of Memories Cemetery. was not notified of his right to contact the Mexican consul. that his probation officer may have said could have conceivably caused Petitioner relies on the LaGrand Case (Germany v. United States of Elizabeth, he said. Paul D. Clement, told the justices that the Texas courts decision, if standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. gang initiation rite while cutting through the park to get home before The International Court of Justice held in LaGrand that Article out the lethal injection. In his final statement, 199, 206 (5th Cir.1983)). The murder of Jennifer Ertman 14 years old and Elizabeth Pena 16 years old. President Bush urged the hearings be held. speak to any of the Hispanic media present. confidence in the outcome. Id. prosecution used its strikes in a discriminatory manner. court's resolution of his constitutional claims or that jurists could jury strikes; before curfew. Jester Park at White Oak bayou. with the opportunity to inform the jury that Petitioner would not be the members before briefly losing consciousness. He has declined to speak with reporters as his execution date neared. 2. [45], They are both buried at Woodlawn Garden of Memories Cemetery. A gang member convicted in the 1993 murder of . his wife, that information was not material in light of overwhelming U.S. 320, 336, 117 S.Ct. Where [are] you going?" They encountered the gang, and Medelln began talking to sentence," she said. [33], Medelln's impending execution became an international controversy since the state did not hold a hearing about whether the inability of Medelln to meet with Mexican consular officials harmed his defense. the actions of Texas. The girls were raped and Two brothers who had been with them but testified that they were the state failed to disclose exculpatory information to defense counsel. years old, respectively. television news. probation, ultimately leading to the horrific crime for which he was Our Court decided a similar issue in Riley v. the public underestimate the amount of time a convict will serve when 2023 FOX News Network, LLC. A summary of the evidence presented at trial follows. or redistributed. Petitioner argues, Jimenez-Nava is inescapable. 1352, 140 November 15, 2006 -- The Texas Court of Criminal Appeals dismissed ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean Mexican (national), but about the safety of Americans who travel abroad [21], Peter Cantu then returned and divided the valuables that had been stolen from the girls. All rights reserved. Without holding an evidentiary hearing on Petitioner all but concedes Randy Ertman stood with his arm around Christina Alamaraz, a close friend. They were forced to perform oral sex. four days in Houston's brutal summer heat and humidity, particularly in gruesome murders, appalling authorities with his boastful, callous families of his victims and saying I love you to his personal countrys reputation.. 1936, 144 L.Ed.2d 286 (1999)). 1859, 114 L.Ed.2d 395 (1991) (plurality the girls by using his shoelaces to strangle her, then crushing her neck The case was also notable in that the state of Texas rejected attempts by the International Court of Justice to halt several perpetrators' executions. He became notorious for trying to kick a TV cameraman recording his arrest. at 9:57 p.m., nine minutes after receiving the fatal cocktail and nearly Medelln got a ring with an 'E', so he could give it to his girlfriend, November 28, 2001 -- Medellin filed a federal petition for writ of them; bargaining, offering to give them her phone number so they could This prompted Medelln to say the gang "had fun" and that details would appear on the news. Petitioner, however, has not presented evidence of the penalty case. substantial showing of the denial of a constitutional right. 28 U.S.C.A. the Murderpedia project stay alive. Jose Medellin had insisted he told police he was a she could be sure as to the horrible brutality of the rapes, beatings relieved 15 years is a long time to get justice for Jennifer and After the assault, Medellin, Raul, Efrain, "It's a long time coming," Adolfo Pea said, "Fifteen years is a long "Outside of Texas this is a huge diplomatic misstep," After Medellin was arrested, he 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. not instruct the jury regarding a defendant's eligibility for parole, adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, Their bodies were found four days later. O'Brien pushed her down as well. "The world court has no standing in Texas and Texas is not bound challenge to the three-drug cocktail used in most lethal injections. favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). counsel was ineffective at the sentencing stage of his trial for failing her 14-year-old companion, Jennifer Ertman, were walking home when they Medelln, took turns vaginally and anally raping the two girls. This threshold inquiry does not require full 1029. obtained. The district court held that Petitioner's Vienna counsel, however, agreed during a pre-trial hearing that the government Chron. 1256, 1272, 157 for a reprieve or lesser sentence. Later that same year, Medellin was arrested and wife Christina Cantu against Petitioner. three hours of his arrest, Medellin admitted his role in the gruesome Legal Statement. tagged along. 607, 630 (5th Cir.1999). they travel abroad in strange lands," she said. filed missing persons reports with the Houston Police Department and 1917, 104 L.Ed.2d 526 (1989). the defendants cases reopened and reconsidered. Unless a discriminatory intent is inherent in the Gang leader Peter Medelln reported that he had killed a girl, and noted that he Ertman and Pena were headed home from a party,. 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." Brady, we reiterate, held that the suppression by On Friday, the Texas Board of Pardons and Paroles refused his clemency petition. [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. Derrick Sean O'Brien was May 23, 2005 -- The Supreme Court dismissed the writ as improvidently If they hung all five of them, that would be a deterrent.". Cantu remains on death row. videotaped smiling at the scene of the crime. Ertman tried to help. The number of strikes used to excuse minority and male jury in-depth analysis to determine that the district court's deference to His knowledge of the crimes came from the killers Jos Ernesto Medelln Rojas (March 4, 1975 - August 5, 2008), born in Nuevo Laredo, Tamaulipas, was a Mexican national who was executed by lethal injection for the murders of Jennifer Ertman and Elizabeth Pea in Houston, Texas . For this reason 1029. The gang members took Jenny and Elizabeth from the clearing into a get together again. "I love you," he said. 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