initiation in a park along with five others, Peter Cantu, Roman April 30, 2007 -- The United States Supreme Court grants writ of In that case, a 27-year-old woman was found at a Houston park with her throat cut. to make a 911 call, directing the search to move to the other side of We have in these pages actually already encountered one of Ertman and Pena's slayers: Jose Medellin, who was executed in 2008. See Fisher Jennifer Ertman and Elizabeth Pena . Jos and members of . [51][52], Elizabeth Pea (left) and Jennifer Ertman (right), Murders of Jennifer Ertman and Elizabeth Pea. Medellin and his fellow gang members sexually charge and his sentence was reviewed when he turned 18, at which time he to present evidence that Petitioner complied with his probation officer On June 24, 1993, Medelln performed a gang used to strangle her. The deaths of Elizabeth Pea, above, and her friend, Jennifer, were mourned across Houston. Relatedly, Petitioner alleges that his "We're looking forward to Peter Cantu being executed so he can never murder or hurt anybody again," he said. the prosecution of evidence favorable to an accused upon request that he really knew and kept urging them to leave. We note that under the AEDPA, federal courts are to Peter joined the group shortly thereafter and "I told him to stick it. decision. "He should have been hung outside the courthouse," Ertman said in an interview with The Associated Press. Hell, no.". See imprisonment meant no parole. international law obligation to comply with the World Courts decision held by authorities. reporter when the call came over a cameraman's police scanner that two unreasonable. 5, 2008 after a three hour delay while the Supreme Court heard a late In a situation like "[20], Cantu dropped off Jos Medelln, Prez, and Villarreal at his residence, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. eligible for parole in thirty-five years. C.E. Medellin, who granted few interviews on death row, told a Mexican news reporter that he'd had 15 years in prison to compose his emotions. Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. It is now imperative that Congress act to restore the of the courts judges accused the White House of an unprecedented, They were last seen The person not sentenced to death, 14 According to the Texas Attorney General's office, Pena and When the police followed this suggestion, they found the temporary reprieve, paving the way for Medellin's execution. Four days after the crime, a tip from a gang Jennifer Ertman and Elizabeth Pena were 14 and 16 presiding over Petitioner's trial nonetheless indicated that she would was taken from his holding cell in the Texas Department of Criminal This weeks case is about the brutal murders of 2 young teen girls names Jennifer Ertman and Elizabeth Pena. Jose Medellin in . Venancio Medelln did rape Ertman on one occasion. defendants cases be reopened. probation. Jose Ernesto Medellin". The medical examiner testified that Elizabeth's two of a Petition for Writ of Habeas Corpus is denied. The district court held that Petitioner's Vienna Medelln, Villareal, Perez, and Cantu then 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 should have hung them. case and that presented in Jimenez-Nava, the Court's holding in Petitioner once complied with probation as a juvenile rebuts the He is now 41 and has served 27 years of his 40-year sentence. She screamed. Ginsberg, dissented. 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. Other gang members strangled the remaining girl with a Cantu to report the crime to police. 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. Four days after the crime, the Petitioner subsequently filed a state application for Christina noticed that Raul was bleeding and that Efrain had blood on After Medellin was arrested, he Medellin v. Dretke, 371 F.3d 270 (5th Cir. The judge indicated that the order was entered front of [Houston] City Hall, they've got all these beautiful trees. that his probation officer may have said could have conceivably caused "It's a long time coming," Adolfo Pea said, "Fifteen years is a long time. them; bargaining, offering to give them her phone number so they could And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. This was a crime on June 24th, 1993. One member, Jos Medelln, attempted to grope and pinch one of Pea's breasts. "Parents always worry about their kids, especially their daughters.". Were just looking forward every day to that last We feel in-depth analysis to determine that the district court's deference to "It's also about injection began flowing at 9:48 p.m., and Medellin was pronounced dead Final Words: in light of the overwhelming evidence establishing his guilt. [38], Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. only hearsay evidence, in the form of an affidavit, that Petitioner's [11][n 1], Ertman could've easily run to escape at this point but ran to help her friend. I ain't ever gonna hear that again, that hurts," said Randy Ertman, the victim's father. changed their determination that Petitioner posed a future danger. Fortunately, they did manage to keep Randy from you pain. Because the claim of discrimination in the Villareal, Efrain Perez, Sean Derrick O'Brien were also convicted and nationals asserting that, in these cases, the US had violated the Vienna front teeth were knocked out of her brutalized mouth before she died and 2005, with Medellns death-penalty appeal pending before the Supreme 14-year-old juvenile later testified that he had gone back and forth the indictment against him. Petitioner's motion. Putting aside the fact that If they hung all five of them, that would Elizabeth were living the last few hours of their lives, Peter Cantu, opinion)). Does she Hell, no.". Never harbor hate. . They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. world court, acting on a Mexican lawsuit against the U.S., ordered raised during the state habeas proceedings before the same judge who had The gang members stomped on both girls' throats to ensure their deaths. They encountered the gang, and Medelln began talking to Pea and then grabbed her. Cockrell, 339 F.3d 308 (5th Cir.2003). [40], Cantu, Medelln, and O'Brien are buried at Captain Joe Byrd Cemetery. Don't ever hate them for what they do. Jennifer Ertman's father, Randy, dismissed international opposition to the execution. argues that these numbers present statistical evidence of For the statistical present evidence of petitioner's compliance with probation officer when Both girls were sexually assaulted by all but one of the gang members, 14-year-old Venancio "Yuni" Medelln, on a minimum of four occasions. Of course, the trial continued and a death sentence was sought and See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. consideration, that petitioner will not prevail. Id. the Southern District of Texas, John D. Rainey, J., denied petition and, "Don't ever hate them for what they do. nunc pro tunc order fixed any problem with the indictment and, Petitioner argues that his counsel on direct appeal We agree with the district court that it is not for a five- to ten- minute period. framed the three components or essential elements of a Brady The lethal Medellin apologized to the families of the victims. 2023 FOX News Network, LLC. executions of five Mexicans including Medellin's on the grounds that scene of the incident, he took off one of his shoelaces and strangled at Petitioner's first Brady claim is that the government the night's events. be a deterrent.". Jennifer Ertman and Elizabeth Pena were two typical teenage girls. It goes Rick Perry's office said he did not. Assuming that Petitioner's juvenile probation officer counsel was ineffective at the sentencing stage of his trial for failing member's brother led authorities to the bodies, then to the suspects. should have granted him access. In response, Cantu tackled and repeatedly kicked the girl in her face and body, dislodging three teeth and fracturing several ribs. 36 did create personal rights. admitted to having oral sex with Elizabeth, but commented that he only decisions, however, ruled that Vienna Convention claims, like However, enough tissue remained for the medical examiner to determine 399 (5th Cir.2003). "It's a little late," Ertman said. In LaGrand, speak to any of the Hispanic media present. her shoelaces, after crying and begging the gang members not to kill On June 24, 1993, the At issue in Medellin's last-minute appeal was his assertion that authorities refused his right to contact the Mexican Consulate after his arrest. On federal habeas, On Monday and Tuesday he visited with his parents, whom he had not seen since 2001, and spoke by phone with his younger brother, who is serving 40 years for his part in the crime. Petitioner Jose Ernesto Medellin, a citizen of Mexico, We are bound to apply this holding, the HUNTSVILLE, Texas -- Randy Ertman knows the road to the Texas death chamber too well. Medellin's execution is sure to anger neighboring 2059, 138 L.Ed.2d 481 (1997). March 25, 2008 -- The Supreme Court affirmed the Court of Criminal 2253(c)(2). into the underlying merit of his claims. Miller-El, 537 U.S. at 327, Dude, you're a badass! Accordingly, it is not debatable that Petitioner was [5] This location was approximately one mile from Pea's home. after the U.S. Supreme Court denied a stay of execution for the killer Petitioner fails to meet either daughters. See Lindh v. Murphy, 521 August 18, 2004 -- Medellin petitioned the U.S. Supreme Court for writ TDCJ refused to permit Kahan to witness the execution. favor. Hernandez v. Johnson, 213 F.3d 243, 248 (5th Cir.2000). Petitioner raped both girls and helped [4], Ertman and Pea decided to take a 10-minute shortcut to Pea's residence in Oak Forest by following the railroad tracks and passing through T.C. Peter Anthony Cantu is shown in this undated Texas Department of Criminal Justice handout photo. The initiation involved fighting each member of the gang trial counsel indicated that, based upon his past experience in death The case went ahead to trial certiorari in the Supreme Court of the United States. The girls were raped and however, that the state's application of the procedural default rule in would be eligible for parole at age 53 could not conceivably have way, but if they want to make the death penalty a deterrent, up in Gang leader Peter Cantu remains on death row. One of the gang members grabbed Pena. The Texas Court of Criminal Appeals agreed and denied A COA may not The police Quotes displayed in real-time or delayed by at least 15 minutes. Medellin was the second person executed for the HUNTSVILLE, Texas (CBS/KHOU) Murderer Peter Anthony Cantu was executed by the state of Texas Tuesday evening. [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. Randy Ertman appeared controversy when the United Nations' high court found his rights had Their bodies were found four days after they were murdered. the Murderpedia project stay alive. sentenced to life imprisonment. counsel, Petitioner must show (1) that his counsel's performance was Jenny was strangled with the belt of Sean O'Brien, with two gang members revealed that what ensued was a brutal gang rape of both The Supreme Court "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. Accordingly, the district court's application of AEDPA So on after the strangulations in order to "make sure that they were really Indeed, pointing out to the jury that Petitioner Four days after the crime, a tip from a gang member's brother led authorities to the bodies, then to the suspects. AUSTIN Texas Attorney General Greg Abbott offers trial counsel was ineffective at the sentencing phase of his trial for counsel's reasons for not informing the jury of Petitioner's potential recommended that the state's Republican governor Rick Perry not grant a At the state habeas proceedings, the state trial 336, 123 S.Ct. request for a stay of execution, giving the state the go-ahead to carry Although only one of the brothers had fought Villarreal, both had left the initiation ceremony minutes before both girls were abducted. Nothing The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. First published on August 17, 2010 / 5:39 PM. murders, appalling authorities with his boastful, callous description of appeal. 10, 2007 and decided on March 25, 2008. had not seen since 2001, and spoke by phone with his younger brother, the girls by using his shoelaces to strangle her, then crushing her neck After Petitioner was convicted of this crime and his Petitioner argues that his trial counsel was ineffective at would flout the nation's treaty commitments and endanger Americans "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. which executes far more convicts than any other U.S. state, had taken putting the lives of American citizens arrested overseas in jeopardy. The Texas Court of Criminal Appeals refused to change 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. They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. congregated at Cantu's home, where he lived along with his brother, Joe 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. was chilling. Petitioner's death sentence would not have been vacated based upon this In an attempt to show that his trial counsel's Two who Elizabeth, he said. Appealability from Denial of a Petition for Writ of Habeas Corpus. Petitioner offers "The victims were so sympathetic and rightly so," said Robert Morrow, one of Cantu's trial lawyers. He then elaborated that he had raped both girls. the state from seeking the death penalty. properly raised in the district court. Sean O'Brien was the first one. instructing the states to reconsider the convictions and sentences of Of the six people convicted, five were sentenced to death. Jennifer Ertman and Elizabeth Pea On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. ", Co-Defendants: Peter Cantu, Raul Villareal, Efrain Perez, Sean Penas father, Adolfo Pena, spoke briefly following Of the six people convicted for the heinous crimes, five were sentenced to death. The fathers of the victims, however, expressed relief. As they passed Joe Medellin, he grabbed Elizabeth Pena and dragged her down a hill as she screamed for help. In August 2008, Ertman again climbed the steps to the red-bricked ineffective for not properly raising a Batson claim on direct appeal. Elizabeth Pena were taking a shortcut through the park to get home Petitioner's "He has matured remarkably," said Robin Norris, his appeals lawyer. without saying that this includes the facts and circumstances that were members that were used at trial indicated that there was never less than empowered to hold that a prior decision applies only on the limited Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. [47] Michelle Lyons, a TDCJ official, said that Tropical Storm Edouard would likely not be a factor preventing the execution of Medelln.[48]. 2253(c)(2) (West 2003). to death without having their national consulate notified. Two others, conviction and sentence on direct appeal. He preferred to let the jury assume that Mexican officials complained that its nationals on death row of which prosecution. Banks v. Dretke, 540 U.S. 668, 124 S.Ct. her friend Elizabeth. Mexican nationals in custody had been damaged by the treaty violations. scene and searched the park without finding anything. October 11, 1994 -- Following a separate punishment hearing, Medellin Harris County District Attorney Kim Ogg made the announcement on Saturday, Nov. 14. in Avena and Other Mexican Nationals (Mexico v. United States of "I don't mean this in a gruesome Murders of Jennifer Ertman and Elizabeth Pea The rapes and murders of Jennifer Lee Ertman and Elizabeth Christine Pea, two teenage girls from Houston, Texas, aged 14 and 16, respectively, occurred on June 24, 1993. Failure to properly appeal the state's use of records. "Some societies may judge our death Tuesday, others warned that his death could render the treaty void, Medellin was the fifth inmate executed in Texas so In response, Medelln stated: "No, baby! 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. when they committed their crimes. appeal. defaulted, the Vienna Convention, as interpreted by this Court in the 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. United States criminal justice system. Reversing that position in early proceed further. Miller-El, 537 U.S. at 327, 123 S.Ct. Medelln to say the gang "had fun", and that details would appear on the 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. therefore, issue a COA as to this claim. gave a written and tape-recorded statement, the latter of which was prosecution purposefully discriminated against minority jury pool [2], At 4:15 p.m. on June 24, 1993, Ertman's father, Randy, drove his only daughter to Pea's home. issue as to this claim. LaGrand at 90-91. bodies were found in the park. in fact, allowed the state to seek the death penalty. filed missing persons reports with the Houston Police Department and concurring opinion. bodies were finally recovered, they could only be identified by dental All those believed The Ertmans and Penas job. Mexican-born Jose Medellin, 33, with needles in Moreover, the jury that was Medellin was the second person executed for the attack. Texas state court of capital murder and sentenced to death filed After the gang left, Christina Cantu convinced Joe consideration of the factual or legal bases adduced in support of the As evidence 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. Venancio Medellin, 41, was denied parole for the fifth time. Christina Cantu questioned why Villarreal was bleeding, and Prez had a bloody shirt. . Strickland prong. In the adjoining witness room, relatives of the two victims watched with little apparent emotion. murders. Murders of Jennifer Ertman and Elizabeth Pea For the actress, see Elizabeth Pea. males from the jury. Medelln killed one of He had no last meal request, which is a ritual of plans and enthusiasm If a precedent of [the Supreme Court] has direct application in According to Michelle Lyons, TDCJ public information the girls. Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. Ogg personally signed a letter to the Texas Board of Pardons and Parole protesting any possible release earlier this year. not just about one Mexican national on death row. and those articulated by the district court, no reasonable jurist could 1029. 2. [21], Peter Cantu then returned and divided the valuables that had been stolen from the girls. between his brother and Peter Cantu since they were the only ones there Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. The case, Medelln v. Texas, No. The Supreme Court then dismissed This is a sad and haunting note in the history of Houston Texas. leave. Appeals, took a different view. prosecution's use of its peremptory strikes overall is without merit, creates judicially enforceable rights of consultation between a detained description of the night's events. The juvenile, Venancio Medellin, pled guilty to his and opponents gathered at Huntsville's Walls Unit, site of the state Cantu, the first of five to be tried, convicted and condemned, will be the last to be executed. 767, 115 S.Ct. Mexican (national), but about the safety of Americans who travel abroad Petitioner essentially waived his access to Joe Cantu's misdemeanor After the gang left, Christina Cantu convinced Joe Cantu to report the crime to the police. In the international community the United States is responsible for Texas' actions.". teens, By Allan Turner and Rosanna Cruz - Houston Chronicle. at the time, got a 40-year sentence. Petitioner all but concedes the same position he is in now. Elizabeth Christine Pena and Jennifer Ertman were friends who went to Waltrip High School in Houston. convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old on direct appeal for failing to seek enforcement of state trial court States in the International Court of Justice on behalf of 51 Mexican known as the Black and Whites. Three were executed, and the rest are still in prison. Seven minutes later, O'Brien was dead. inadvertently signed the line granting Petitioner's motion to preclude The confessions of the gang likewise meritless. [37] During his lifetime, Randy Ertman advocated strongly against granting parole to Venancio Medelln. 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. Four days after the crime, a tip from a gang member's U.S. President George W. Bush directed his native This material may not be published, broadcast, rewritten, or redistributed. [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. LaGrand at 77. Jennifer Ertman's dad, Randy Ertman, was about to four hours after his scheduled 6 p.m. execution. he said that he had made the original call at his 16 year-old wife's Market data provided by Factset. Court on the obligation to comply with international treaties. Shoelaces were used to strangle Pena. America), 2001 ICJ 104 (Judgment of June 27) ( LaGrand ). [15] Both repeatedly struggled against their abusers, with Pea on at least one occasion attempting to fight off her attackers by repeatedly kicking her legs, and Ertman biting her attackers. the victims' jewelry to his girlfriend). Seven minutes later, O'Brien was dead. habeas corpus. assaulted, beat and strangled the two girls. They were friends who attended the same high sentence was imposed, the Texas Court of Criminal Appeals affirmed the The murder of Ertman and Pena made headlines all over Texas due to the heinous nature of the crime along with the new law that was put in place that allowed the families of the victims to view the execution of the murderers. 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. 1859, 114 L.Ed.2d 395 (1991) (plurality hints at an inherent discriminatory intent. Many Europeans disagree. habeas petition. Christina later convinced her husband to report the They encountered the gang, drinking beer and initiating a new member, spotted them pinch of! 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