José Medellín
Encyclopedia
José Ernesto Medellín, (March 4, 1975 – August 5, 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican
national who was executed for the murder of Jennifer Ertman and Elizabeth Peña
in Texas
in the United States
.
Medellín was convicted of raping and killing 16-year-old Elizabeth Peña and 14-year-old Jennifer Ertman in June, 1993.
His case gained notoriety when Mexico sued the United States in the International Court of Justice
(ICJ) on behalf of 51 Mexican nationals asserting that, in these cases, the US had violated the Vienna Convention on Consular Relations
, which requires that local authorities inform foreign nationals being held on criminal charges of their right to consult with their country’s diplomats. That court ruled that the United States was obliged to have the defendants’ cases reopened and reconsidered. The Supreme Court of the United States
agreed to hear the case on May 1, 2007.
The Bush administration
briefed the Supreme Court on the obligation to comply with international treaties. On March 25, 2008 in Medellín v. Texas
, the US Supreme Court rejected the Bush administration's arguments and cleared the way for Texas to execute the sentence. The ICJ subsequently ruled that the United States had violated its treaty obligations.
Two girls who had attended a birthday party, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena, took a shortcut through the park to get home before an 11:30 p.m. curfew. They encountered the gang, and Medellín began talking to Pena and then grabbed her. She attempted to flee, but he forced her to the ground. When Pena cried for help, Ertman ran back to aid her. In response, Cantu and O'Brien pushed her to the ground as well. Roman and Frank Sandoval chose to leave at that point.
The remainder of the gang, as well as Venancio Medellín, took turns vaginally and anally raping the two girls. Afterwards, they were beaten, then the gang decided to murder the girls so they would not be identified as the rapists. Medellín killed one of the girls by using her shoelaces to strangle her, then crushing her neck with his foot. Other gang members strangled the other girl with a nylon belt, until the belt snapped.
Medellín, Villareal, Perez, and Cantu then gathered at Cantu's home, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. Christina Cantu questioned why Villareal was bleeding and Perez had a bloody shirt. This prompted Medellín to say the gang "had fun", and that details would appear on the news. He then elaborated that he had raped both girls. Peter Cantu then returned, and divided valuables that had been stolen from the girls. Medellín got a ring with an "E", so he could give it to his girlfriend, Esther. Medellín reported that he had killed a girl, and noted that he would have found it easier with a gun. Derrick Sean O'Brien was videotaped smiling at the scene of the crime. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. Four days after the crime, the bodies were found in the park. They were badly decaying, and dental records were used for identification. The medical examiner corroborated the cause of death as strangulation. All those believed responsible were ultimately arrested. Medellín gave both a written and taped confession.
In the International Court of Justice, Mexico sued the United States on behalf of Mexican citizens who had been sentenced to death without having their national consulate notified. The court ruled that the United States acted in error and required that the defendants’ cases be reopened.
Initially, the US government described Mexico’s suit as “an unjustified, unwise and ultimately unacceptable intrusion in the United States criminal justice system.” Reversing that position in early 2005, with Medellín’s death-penalty appeal pending before the Supreme Court, the White House announced that it would abide by the decision by instructing the states to reconsider the convictions and sentences of the Mexican nationals on death row. The Supreme Court then dismissed Medellín’s case to enable the Texas courts to comply with that directive.
The Texas Court of Criminal Appeals refused to change their rules barring reconsideration of such cases. In that decision, one of the court’s judges accused the White House of an “unprecedented, unnecessary and intrusive exercise of power over the Texas court system”. In response, the Bush administration entered the case on Medellín’s behalf and urged the Supreme Court to overturn the Texas court’s decision. The case, Medellín v. Texas
, No. 06-984, was argued on October 10, 2007 and decided on March 25, 2008. The US government’s brief, filed by Solicitor General Paul D. Clement, told the justices that the Texas court’s decision, if not reversed, “will place the United States in breach of its international law obligation” to comply with the International Court of Justice’s decision and would “frustrate the president’s judgment that foreign policy interests are best served by giving effect to that decision.” Chief Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, rejected the Bush administration's arguments. Justice Stevens wrote a concurring opinion. Justice Breyer, joined by Justices Souter and Ginsburg, dissented.
On July 16, 2008, the International Court of Justice asked for a stay of execution on behalf of Medellin and four other Mexican nationals who they believe did not receive a fair trial.
On July 17, 2008, Robert Black, spokesman for Texas Governor Rick Perry, said the state would continue with the scheduled August 5 execution despite the International Court of Justice order for a stay. "The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court. It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
national who was executed for the murder of Jennifer Ertman and Elizabeth Peña
Murder of Jennifer Ertman and Elizabeth Peña
The murder of Jennifer Ertman and Elizabeth Peña, two teenage girls from Houston, Texas, 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...
in Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Medellín was convicted of raping and killing 16-year-old Elizabeth Peña and 14-year-old Jennifer Ertman in June, 1993.
His case gained notoriety when Mexico sued the United States in the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ) on behalf of 51 Mexican nationals asserting that, in these cases, the US had violated the Vienna Convention on Consular Relations
Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations of 1963 is an international treaty that defines a framework for consular relations between independent countries...
, which requires that local authorities inform foreign nationals being held on criminal charges of their right to consult with their country’s diplomats. That court ruled that the United States was obliged to have the defendants’ cases reopened and reconsidered. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
agreed to hear the case on May 1, 2007.
The Bush administration
George W. Bush administration
The presidency of George W. Bush began on January 20, 2001, when he was inaugurated as the 43rd President of the United States of America. The oldest son of former president George H. W. Bush, George W...
briefed the Supreme Court on the obligation to comply with international treaties. On March 25, 2008 in Medellín v. Texas
Medellín v. Texas
Medellín v. Texas, 552 U.S. 491 is a United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing";...
, the US Supreme Court rejected the Bush administration's arguments and cleared the way for Texas to execute the sentence. The ICJ subsequently ruled that the United States had violated its treaty obligations.
Rape and murder
On June 24, 1993, Medellín carried out a gang initiation in a park in Houston, Texas, along with five others: Peter Cantu, Roman Sandoval, Efrain Perez, Raul Villareal and Derrick O'Brien. Two others, Frank Sandoval and Venancio Medellín, were present but did not participate in the initiation. The initiation involved the new member, Raul Villareal, submitting to beatings from the others. After this, the gang members remained in the park, drinking beer.Two girls who had attended a birthday party, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena, took a shortcut through the park to get home before an 11:30 p.m. curfew. They encountered the gang, and Medellín began talking to Pena and then grabbed her. She attempted to flee, but he forced her to the ground. When Pena cried for help, Ertman ran back to aid her. In response, Cantu and O'Brien pushed her to the ground as well. Roman and Frank Sandoval chose to leave at that point.
The remainder of the gang, as well as Venancio Medellín, took turns vaginally and anally raping the two girls. Afterwards, they were beaten, then the gang decided to murder the girls so they would not be identified as the rapists. Medellín killed one of the girls by using her shoelaces to strangle her, then crushing her neck with his foot. Other gang members strangled the other girl with a nylon belt, until the belt snapped.
Medellín, Villareal, Perez, and Cantu then gathered at Cantu's home, where he lived with his brother, Joe Cantu, and sister-in-law, Christina Cantu. Christina Cantu questioned why Villareal was bleeding and Perez had a bloody shirt. This prompted Medellín to say the gang "had fun", and that details would appear on the news. He then elaborated that he had raped both girls. Peter Cantu then returned, and divided valuables that had been stolen from the girls. Medellín got a ring with an "E", so he could give it to his girlfriend, Esther. Medellín reported that he had killed a girl, and noted that he would have found it easier with a gun. Derrick Sean O'Brien was videotaped smiling at the scene of the crime. After the gang left, Christina Cantu convinced Joe Cantu to report the crime to police. Four days after the crime, the bodies were found in the park. They were badly decaying, and dental records were used for identification. The medical examiner corroborated the cause of death as strangulation. All those believed responsible were ultimately arrested. Medellín gave both a written and taped confession.
Case history
128 S. Ct. 1346; 170 L. Ed. 2d 190; 2008 U.S. LEXIS 2912; 76 U.S.L.W. 4143; 2008-1 U.S. Tax Cas. (CCH) P50,242; 21 Fla. L. Weekly Fed. S 126In the International Court of Justice, Mexico sued the United States on behalf of Mexican citizens who had been sentenced to death without having their national consulate notified. The court ruled that the United States acted in error and required that the defendants’ cases be reopened.
Initially, the US government described Mexico’s suit as “an unjustified, unwise and ultimately unacceptable intrusion in the United States criminal justice system.” Reversing that position in early 2005, with Medellín’s death-penalty appeal pending before the Supreme Court, the White House announced that it would abide by the decision by instructing the states to reconsider the convictions and sentences of the Mexican nationals on death row. The Supreme Court then dismissed Medellín’s case to enable the Texas courts to comply with that directive.
The Texas Court of Criminal Appeals refused to change their rules barring reconsideration of such cases. In that decision, one of the court’s judges accused the White House of an “unprecedented, unnecessary and intrusive exercise of power over the Texas court system”. In response, the Bush administration entered the case on Medellín’s behalf and urged the Supreme Court to overturn the Texas court’s decision. The case, Medellín v. Texas
Medellín v. Texas
Medellín v. Texas, 552 U.S. 491 is a United States Supreme Court decision which held that while an international treaty may constitute an international commitment, it is not binding domestic law unless Congress has enacted statutes implementing it or unless the treaty itself is "self-executing";...
, No. 06-984, was argued on October 10, 2007 and decided on March 25, 2008. The US government’s brief, filed by Solicitor General Paul D. Clement, told the justices that the Texas court’s decision, if not reversed, “will place the United States in breach of its international law obligation” to comply with the International Court of Justice’s decision and would “frustrate the president’s judgment that foreign policy interests are best served by giving effect to that decision.” Chief Justice Roberts, joined by Justices Scalia, Kennedy, Thomas and Alito, rejected the Bush administration's arguments. Justice Stevens wrote a concurring opinion. Justice Breyer, joined by Justices Souter and Ginsburg, dissented.
On July 16, 2008, the International Court of Justice asked for a stay of execution on behalf of Medellin and four other Mexican nationals who they believe did not receive a fair trial.
On July 17, 2008, Robert Black, spokesman for Texas Governor Rick Perry, said the state would continue with the scheduled August 5 execution despite the International Court of Justice order for a stay. "The world court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court. It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that these individuals are on death row for killing our citizens."
Execution
Medellín was executed at 9:57 p.m. Central time on August 5, 2008, after a three-hour delay while the Supreme Court heard a late appeal, which was denied.External links
- World Court rules US execution of Mexican national defied international law World Socialist Web SiteWorld Socialist Web SiteThe World Socialist Web Site is the online news and information center of the International Committee of the Fourth International . The site publishes articles and analysis covering a wide range of topics and events all around the world. The daily 'Perspective' article presents the position of the...
- Letters to and from Jose Medellin