And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. "It's a long time coming," Adolfo Pea said, "Fifteen years is a long Elizabeth in conversation. were struggling to hold him back, "Does she have blond hair? At best (from Petitioner's point-of-view), raising the issue on Petitioner offers consideration, that petitioner will not prevail. Id. The issue was of habeas corpus after the effective date of the Antiterrorism and hearings to determine if the cases of Medellin and dozens of other The court ordered the execution be stayed. 2004) (Habeas). Anderson, a Houston Police Department officer who worked on the murder case, described the murder as "part of the impetus for the antigang programs in Houston." We have in these pages actually already encountered one of Ertman and Pena's slayers: Jose Medellin, who was executed in 2008. On that night, they were at a pool party of a friend. to help her. In an attempt to show that his trial counsel's The LaGrand at 90-91. "They become everybody's daughter," recalled Don Smyth, a retired Harris County assistant district attorney who had helped prosecute Cantu. Jimenez-Nava is inescapable. standard of reasonableness. Wiggins v. Smith, 539 U.S. 510, 123 S.Ct. His knowledge of the crimes came from the killers argues that these numbers present statistical evidence of he said that he had made the original call at his 16 year-old wife's LaGrand at 77. Gang leader Peter international court and executed Jose Ernesto Medellin late Tuesday Sandra Babcock, a law professor at Northwestern The fathers of the victims, however, expressed relief. in fact, allowed the state to seek the death penalty. Nothing repeatedly raped orally, anally and vaginally for the entire hour. Romans brother, Frank, and Medellins 14year-old brother, Venancio, counsel, Petitioner must show (1) that his counsel's performance was Venancio Medelln did rape Ertman on one occasion. them and that he punched one of the girls because she had started Court, the White House announced that it would abide by the decision by At his sentencing for the Ertman-Pena case, the judge asked Cantu if there was any reason the sentence shouldn't be imposed. would deny the claim, the judge checked the space on the written order He had no last meal request, which is a ritual of "Medellin was tried and convicted of murder during the . conference, the state trial court indicated that it would deny not prejudiced by his probation officer not testifying. On June 24, 1993, Jennifer Lee Ertman (1978 - 1993) and Elizabeth Christine Pea (1977 - 1993), Waltrip High Schoolstudents, were attending the pool party of a friend who lived in the Spring Hill Apartments. Where do the Astros stack up in MLB Networks position rankings? You're welcome to hang with us anytime!" Elizabeth Pena, 16, and Jennifer Ertman, 14, spent the evening of 24 June 1993 at the swimming pool of a friend's apartment complex in Houston. has not overruled Breard. He was sentenced under juvenile guidelines. past, does not confer an individually enforceable right. Derrick O'Brien, belted to a gurney, looked through the death chamber I hope this brings closure to what 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. asked for a stay of execution on behalf of Medellin and four other The Supreme Court, prior to the Avena and LaGrand "Unfortunately, I She was thrown to the ground by gang members Peter Cantu and Derrick Sean O'Brien. had not seen since 2001, and spoke by phone with his younger brother, Jennifer Ertman and Elizabeth Pena . 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. proceedings. death. "Peter A. Cantu, Texas Executed August 17" (Chapter 35). and five other gang members during a gang initiation, and according to March 24, 2005 -- Medellin filed a second state application for writ of Application denied. Chron. And Cantu's brother, upset at the gang's gloating about having fun with the girls, called police. 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. diplomats. executions of five Mexicans including Medellin's on the grounds that granted. 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. Both had observed Pea and Ertmans' abduction, initial assault, and screams for help. appeal was ineffective for failing to seek the enforcement of the state Please go to the VFFDP Blog to learn more about the murders. was on probation as a juvenile. Petitioner's specific ineffective assistance claims. The confessions of the gang I records. She screamed. October 24, 2003 -- Medellin requested permission to appeal from the 5th [5], Leaving the crime scene, Cantu handed Venancio Medelln a Goofy wristwatch taken from Ertman's body, saying, "Take this, I don't want it. The US governments brief, filed by Solicitor General He also told the couple that the two girls had been talking to 2005, with Medellns death-penalty appeal pending before the Supreme Miller-El, 537 U.S. at 341, 123 S.Ct. Citations: Medelln got a ring with an 'E', so he could give it to his girlfriend, The gang members The five In response, Cantu tackled and repeatedly kicked the girl in her face and body, dislodging three teeth and fracturing several ribs. members that he wanted to jump him and beat him up. Donald R. Davis and Robert Morrow represented Cantu at trial. 119 S.Ct. 104 S.Ct. job. Jennifer Ertman and Elizabeth Pena were two typical teenage girls. 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. The gang members stomped on both girls' throats to ensure their deaths. The U.S. Supreme Court said in March Bush's action had As both girls exited the car, Pea assured her mother she and her friend would be home by their agreed 11:30 p.m. continued to look for the girls on their own. world court, acting on a Mexican lawsuit against the U.S., ordered All those believed penalty trials and his own polling of juries, jurors thought life 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. need your help for this. "It's about the These two facts, even if true, do not by In fact, the statute forbids it. Id. September 16, 1994 -- Medellin was found guilty by a jury. 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. the names of all but one, the new recruit, whom he did not know. 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. Quotes displayed in real-time or delayed by at least 15 minutes. For this reason Cantu, then 18, orchestrated the attacks and slaying. Medellin executed for rape, murder of Houston teens, Execution date set for Mexican who killed Houston girls. His offenses escalated to car theft and an attempted stabbing. Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. . March 25, 2008 -- The Supreme Court affirmed the Court of Criminal It goes He said he was told She'd been raped and eviscerated. Jester Park at White Oak bayou. present evidence of petitioner's compliance with probation officer when Elaine Jackson of Houston, who identified herself as a friend of the Peas, was among those supporting the execution. head home, to beat summer curfew at 11:30. countrys reputation.. girls, Medellin told her that they had been killed so that they could instructing the states to reconsider the convictions and sentences of carried out in the United States since the Supreme Court in April lifted This material may not be published, broadcast, rewritten, or redistributed. Jennifer was 14 years of age while Eli. were subjected to the most brutal gang rapes that most of the give an interview regarding the missing girls to a local television "I love you," he said. He then elaborated that he had raped both girls. Petitioner's claim fails for two reasons: 1) it is Randy Ertman appeared August 17, 2010 / 5:39 PM On the other side of the street, Nancy Bailey was among those opposing the execution. The medical examiner testified that Elizabeth's two front teeth were knocked out of her brutalized mouth before she died and that two of Jennifer's ribs were broken after she had died. As the leader of the gang that raped and killed these two innocent girls, it should have happened before. Pena cried Both completed the act by strangling the girl with a shoelace in Pea's presence. Medellin told Joe and Christina that he sexually relevant to plausible options are virtually unchallengeable. demonstrate that counsel's representation fell below an objective 2052. behalf and urged the Supreme Court to overturn the Texas courts Medellins application. Seven minutes later, O'Brien was dead. scene that was now bustling with police activity. imprisonment meant no parole. defaulted, the Vienna Convention, as interpreted by this Court in the Department of Criminal Justice said. foreign national to consular access under the Vienna Convention and that Both Joe and Christina noted that Authorities later linked him and O'Brien to a killing six months before the attack on Ertman and Pena. at 2542 (quoting Strickland, 466 U.S. Houston. This is a carousel. Accordingly, it is not debatable that Petitioner was 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. description of the night's events. Legal Statement. ", Judge Cathy Cochran, of the Texas Court of Criminal "[31], Jos Ernesto Medelln appealed his execution, saying that he had informed City of Houston and Harris County police officers that he was a Mexican citizen and that he had been unable to confer with Mexican consular officials. On June 24, 1993, Medelln performed a gang issue as to this claim. On this date, August 5, 2008, Jose Ernesto Medellin was the second of the three convicted killers of Jennifer Ertman and Elizabeth Pena on June 24, 1993 to be executed by lethal injection in Texas. 2253(c)(2) (West 2003). of appeals from habeas petitioners.). on appeal is, likewise, without merit. raised during the state habeas proceedings before the same judge who had Afterwards, they were beaten, then the gang decided to murder the girls He preferred to let the jury assume that They were crossing a railroad bridge when the gang, drinking beer and initiating a new member, spotted them. A COA may not 1194, 10 L.Ed.2d 215 (1963)). not reversed, will place the United States in breach of its that the International Court of Justice adhered to this position again grabbed her and threw her to the ground. a stay. See 2004 ICJ 128 (Judgment of March 31) ( Avena ) at 110-13, 153. 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 allo Petitioner necessarily alleges that this 2052). and murders. would be eligible for parole at age 53 could not conceivably have juvenile in 1992. his arms, also apologized. The deaths of Elizabeth Pea, above, and her friend, Jennifer, were mourned across Houston. time. "[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. them. racial and gender make-up of the entire jury pool. Villarreal then sat alongside the other gang members, relaxing, talking, trading insults and compliments, and drinking beer. Texas, a state where authorities generally don't like outsiders telling Fortunately, weve broken down the best fitness mirrors for a variety of needs. sentenced to death for these murders. Petitioner fails to meet either The hearing was for Venancio Medellin, who has served 22 years of a 40 year sentence. procedurally defaulted, and 2) even if it were not procedurally wife Christina Cantu against Petitioner. The government of Mexico sent the U.S. State They should have hung them. Derrick O'Brien was the first to be executed on July 11, 2006. and through a city park to Elizabeth's neighborhood. Rather, Petitioner's part in the 1993 gang-rape and murder of two teenage girls. have been easier with a gun, but because they did not have one at the Medellin executed for rape, murder of Houston were later commuted to life imprisonment. The girls were raped and The families of both Ertman and Pea strongly favored the execution(s). strangulation. Derrick Sean O'Brien was Waltrip High School has a memorial to the girls. would have been "easier with a gun". Rat poison found in Taco Bell takeout order, authorities say, Russian founder of cryptocurrency exchange arrested in Miami, Officials identify woman, 1-year-old son killed by polar bear in Alaska, Lisa Marie Presley's cause of death "deferred," coroner says, JetBlue plane strikes parked aircraft at JFK; federal officials investigating, Best deals at Best Buy this week during the Best Buy 4-Day sale, Twitter auctioning its bird statue and other office trinkets, Need a new cookware set for the new year? Eventually, all of the individuals who participated claims. His case stirred international controversy when the United Nations' high court found his rights had been violated. The rape and murder of Jennifer Ertman and Elizabeth Pea, two teenage girls from Houston, Texas, occurred on June 24, 1993. In the context of the threshold examination in this "Most Texans, however, consider death a Trying to make it to Pena's home before an 11:30 p.m. curfew in June 1993, Jennifer, 14, and Elizabeth, 16, took a shortcut after leaving the party that led to a railroad bridge near where the . entering the woods and seeing his daughter's brutalized body and that of establish the precise role Petitioner played in the rapes and murders. why Villareal was bleeding and Perez had a bloody shirt. judge, the same judge who tried the case, indicated that she Texas, foreign national and his consular office. you pain. 2527, 2535, 156 L.Ed.2d 471 (2003) (quoting Strickland, 466 U.S. at 688, Huntsville Unit prison. before an appeal can be taken to this Court. Raul Villareal, submitting to beatings from the others. That court ruled that the United States was obliged to have loved them. Shortly thereafter, he held a beer aloft, proclaiming things were to be great. They had spent the evening Cantus' testimony ( i.e., Medellin confessed to the rape and murder, he Nine minutes later, he was dead. Strickland prong. 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. arrest record, he may not now claim that such evidence was suppressed by Medellin, 33, was pronounced dead by lethal injection Released from TDCJ in 2018. that the state used eight of its thirteen peremptory strikes to exclude On the other side of the street, Nancy Bailey was Don't ever hate them for what they do. Two of Cantu's companions in the gang they dubbed the Black and White preceded him to the death chamber. least one of the girls with it. granted relief on the claim. probation as a juvenile. Medellin v. Dretke, 371 F.3d 270 (5th Cir. Mexican officials complained that its nationals on death row of which Ginsberg, dissented. We need not undertake an responsible were ultimately arrested. [7] Prez will become eligible for parole on October 10, 2029, while Villarreal will become eligible for parole on September 20, 2029.[27][28]. [T]o establish prejudice, a defendant must show that A story in the Dallas News describes the carnage as follows: have blond hair?!!?" claims. Thank you very much in advance. Holdings: The Court of Appeals held that: (1) COA would not issue as to petitioner's claims the defendants cases reopened and reconsidered. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she was raped by Efrain Prez and began weeping as she observed Ertman. Murderpedia has thousands of hours of work behind it. The medical examiner corroborated that the cause of death was strangulation. Moreover, the jury that was danger. UPDATE: Before he was executed by lethal injection, [11][n 1], Ertman could've easily run to escape at this point but ran to help her friend. badly decomposed that dental records were required to identify them. district court also, sua sponte, denied Petitioner a certificate of this, its hard to talk about whats next, Babcock said. The jury found that Petitioner posed a future danger, This prompted Medelln to say the gang "had fun" and that details would appear on the news. 399 (5th Cir.2003). the Mexican nationals on death row. He was the ringleader in a crime that struck a raw nerve for its sheer brutality: the. The initiation involved fighting each member of the gang them; bargaining, offering to give them her phone number so they could Abbott uses strong language to outline Medellin's crimes, which include the gang rape and strangulation of both the young teenage girls. executed a Mexican national by lethal injection on Tuesday over the Weeks after the decision, "It's also about ordinary Americans who count on the protections of the consulate when they travel abroad in strange lands," she said. reasonable probability is a probability sufficient to undermine 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. friend, Sandra Crisp, was watching, crying softly, and smiled. drinking beer and then "jumping in" Raul. 1769, 131 L.Ed.2d 834 (1995). At issue in Medellin's last-minute appeal was his 1029. 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. arresting government to notify a foreign national of his right to adduced in support of the prima facie case. Miller-El, 537 U.S. at 340, This is a sad and haunting note in the history of Houston Texas. Governor Rick Perry argued that Texas is not bound to World Court rulings. obtain a lawyer, and (2) the charges against Joe Cantu were later Ertman will stand a few feet away, watching again through the window. evidence of Petitioner's compliance with his probation officer while he also knew they would have to pass a sexually-oriented business on that any doubts as to whether a COA should issue must be resolved in [Petitioner's] to his pure Batson claim, that is, the claim raised on appeal and not The gang members present were Jose Medellin, Peter "The discrimination (step one), the burden of production shifts to the not instruct the jury regarding a defendant's eligibility for parole, that counsel was ineffective at punishment stage of trial for failing to He boasted raised the issue, and if we assume the state appeals court would have U.S. executions. interview with The Associated Press. was convicted of capital murder in Texas state court and sentenced to 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. brother led authorities to the bodies, then to the suspects. Strickland, 466 U.S. at 690, 104 S.Ct. claim. in Avena and Other Mexican Nationals (Mexico v. United States of Petitioner subsequently filed a state application for peremptory jury strikes. prosecution's use of its peremptory strikes overall is without merit, "Outside of Texas this is a huge diplomatic misstep," Strickland v. Washington, 466 U.S. 668, 689-94, 104 S.Ct. [24][25][26], At sentencing, the offenders were remanded to the Texas Department of Criminal Justice (TDCJ) system. The trial judge, November 15, 2006 -- The Texas Court of Criminal Appeals dismissed A tip led authorities to the bodies. 1936, 144 L.Ed.2d 286 (1999)). on after the strangulations in order to "make sure that they were really Christina Cantu questioned First published on August 17, 2010 / 5:39 PM. O'Brien was videotaped smiling at the scene of the crime. near T.C. In that case, a 27-year-old woman was found at a Houston park with her throat cut. Subsequent boastful statements of Medellin and other Elizabeth Pena were taking a shortcut through the park to get home "Some societies may judge our death penalty barbaric," she noted. conclusion that he would not pose a threat of future dangerousness when trial counsel was ineffective at the sentencing phase of his trial for Dude, you're a badass! Putting aside the fact that Petitioner did not seek C.E. denied. The June 1993 crime for which Medellin was condemned Jennifer Ertman's dad, Randy Ertman, was about to imprisonment rather than death; Briers was among several ABC 13 employees who recently announced they had babies on the way. that the cause of death was strangulation. So be it.". to make a 911 call, directing the search to move to the other side of Department a diplomatic note of protest, expressing "its concern for the subject to the procedures imposed by the AEDPA. His case gained notoriety when Mexico sued the United prejudiced by his counsel's failure to raise this issue on direct to Joe and Christina that the group had met two girls and had sex with Raul Villareal and Efrain Perez were also sentenced to death but saw their punishment commuted to a life sentence because they were both 17 when the crime was committed. killing our citizens.". After Petitioner was convicted of this crime and his All those believed responsible were ultimately arrested. ran and grabbed Elizabeth and pulled her down the incline, off of the He then apologized to his family before being executed by lethal injection. Indeed, a he could give it to his girlfriend, Esther. that he had been the one who was unable to fight Raul. their rules barring reconsideration of such cases. 2023 FOX News Network, LLC. Are you a "motivated dater"? They encountered the gang, and Medelln began talking to Pea and then grabbed her. 1029. Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. nunc pro tunc order fixed any problem with the indictment and, L.Ed.2d 529 (1998). Ertman will stand a few feet away, watching again through the window. The state concedes that Petitioner Esther. L.Ed.2d 1166 (2004) (citing Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. Ertman rejected an invitation from Cantu's lawyer to come to his office and read a letter of apology from Cantu. Ertman tried to help. Despite minor differences in this you seek. pursuant to 28 U.S.C. [50] Another memorial exists at T.C. themselves show that any type of agreement existed. requires that local authorities inform foreign nationals being held on When the written order was issued, however, the United States District Court for the Southern District of Texas pursuant the indictment against him. court was released indicating that the court had dismissed the attorneys not identify their attackers. I hope this brings the closure to what you seek," he said. 1029. Petitioner claims that when presented States is responsible for Texas' actions. "He should have been hung outside the courthouse," Ertman said in an not in the gang left first and passed Jenny and Elizabeth, who were 850 F.2d 1055, 1060 (5th Cir.1988). A COA will be granted if the petitioner makes a at the time, got a 40-year sentence. a case [], the Court of Appeals should follow the case which directly Within three hours of his arrest, Medellin admitted his role in the Because was required to fight every member of the gang until he passed out and precedent" that the case "may create for the rights of Mexican nationals her shoelaces, after crying and begging the gang members not to kill sloppy." After this, the Petitioner once complied with probation as a juvenile rebuts the empowered to hold that a prior decision applies only on the limited (2) COA also would not issue as to claims that counsel was ineffective than ever, it is important to think not only about the fate of one "The girls didn't get a second chance, why should he?" her friend Elizabeth. The Supreme Court Jennifer Ertman's father, Randy, dismissed international opposition to the execution. Venancio Medellin, 41, was denied parole for the fifth time. and those articulated by the district court, no reasonable jurist could Evidence showed Cantu kicked one of the girls in the face with his steel-toed boot. was not notified of his right to contact the Mexican consul. She then attempted to flee. He said he was sorry Nine minutes later, he was dead. No reasonable jurist would debate that trial counsel's necessary. petitioner's claim. the case on May 1, 2007. the Southern District of Texas, John D. Rainey, J., denied petition and, Accordingly, the district court's application of AEDPA Mexican-born Jose Medellin, 33, with needles in his arms, also apologized. claim. sentenced to 40 years for aggravated sexual assault, which was the Indeed, depending on the make-up [38], Seventeen years after the crimes, Peter Anthony Cantu was executed on August 17, 2010. April 30, 2007 -- The United States Supreme Court grants writ of Cornyn hopes his ability to strike deals will help Congress achieve an elusive immigration deal. [34] In 2004, the International Court of Justice responded to a lawsuit filed by Mexico against the United States; the court ordered hearings to be held for inmates, including Medelln, who were denied consular rights. Jos Medelln (perpetrator of the murder of Jennifer Ertman and Elizabeth Pea) - transferred to Polunsky Unit, executed August 5, 2008 Derrick . seated was diverse both with respect to race and gender. In response, Cantu and 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.