José Medellín

José Ernesto Medellín, (March 4, 1975 – August 5 2008) born in Nuevo Laredo, Tamaulipas, was a Mexican national who was executed for murder in Texas in the United States. Medellín was convicted of raping and killing 16-year-old Elizabeth Pena and 14-year-old Jennifer Ertman in June, 1993. [ [http://transcripts.cnn.com/TRANSCRIPTS/0503/28/ldt.01.html CNN discussion of José Medellín] ] His case gained notoriety when Mexico sued the United States in the International Court of Justice on behalf of 51 Mexican nationals asserting that, in these cases, the US had violated the Vienna Convention on Consular Relations, to which it is signatory, 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. [ [http://www.nytimes.com/2007/05/01/washington/01court.html?n=Top/Reference/Times%20Topics/Organizations/S/Supreme%20Court NY Times case summary] ] . The Bush administration briefed the Supreme Court on the obligation to comply with international treaties. On March 25, 2008, the US Supreme Court rejected the Bush administration's arguments and cleared the way for Texas to execute the sentence. [cite web|url=http://www.cnn.com/2008/CRIME/03/25/scotus.texas/index.html|title=Supreme Court overrules Bush, OKs Texas execution|last=Mears|first=Bill |date=2008-03-25|publisher="CNN"|accessdate=2008-08-03]

Rape and Murder

On June 24, 1993, Medellín performed a gang initiation in a park along with five others, Peter Cantu, Roman Sandoval, Efrain Perez, Raul Villareal and Derrick_O%27Brien. 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. At this time, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were taking a shortcut through the park to get home before curfew. They encountered the gang, and Medellín began talking to Pena. She attempted to flee, but he forced her to the ground. Pena cried for help and Ertman ran back to assist her. In response, Cantu and O'Brien pushed her down as well. Roman and Frank Sandoval chose to leave then. 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 his shoelaces to strangle her, then crushing her neck with his foot. Other gang members strangled the remaining girl with a nylon belt, until the belt snapped.cite news
url=http://www.foxnews.com/story/0,2933,300686,00.html
title=Father of Murdered Girl Questions Bush's Support to Halt Killer's Execution
publisher=FOX News
date=October 10, 2007
accessdate=2008-08-07
first=Melissa
last=Underwood] cite web
url=http://www.oag.state.tx.us/oagNews/release.php?id=2571
title=Media Advisory: Jose Medellin Scheduled For Execution
publisher=Attorney General of Texas
date=July 29, 2008
accessdate=2008-08-07] cite news
url=http://www.mysanantonio.com/news/state/mexican-born_murderer_executed100.html
title=Mexican-born murderer executed
publisher=My San Antonio/Houston Chronicle
date=2008-08-06
accessdate=2008-08-06
first=Allan
last=Turner
coauthors=Ruiz, Rosanna] cite news
url=http://www.dallasnews.com/sharedcontent/APStories/stories/D8HKBCR01.html
title=Gang member convicted in high-profile slayings set to die
publisher=The Dallas Morning News/Associated Press
date=2006-05-15
accessdate=2008-08-06
first=Michael
last=Graczyk]

Medellín, Villareal, Perez, and Cantu then congregated at Cantu's home, where he lived along 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 that the cause of death was strangulation. All those believed responsible were ultimately arrested. Medellín gave both a written and taped confession.

Case history

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 World Court’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 Ginsberg, 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. [cite web|url=http://news.bbc.co.uk/2/hi/americas/7510073.stm|title=Court seeks to stay US executions|date=2008-07-16|publisher="BBC News"|accessdate=2008-08-03]

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." [cite web|url=http://www.chron.com/disp/story.mpl/front/5890690.html|title=Texas still plans to execute killer despite U.N. order|last=Turner|first=Allan|coauthors=Ruiz, Rosanna|date=2008-07-17|publisher="Houston Chronicle"|accessdate=2008-08-03]

Execution

Medellín was executed at 9:57 PM Central, on August 5 2008 after a three hour delay while the Supreme Court heard a late appeal, which was denied. [cite web| author = The Associated Press
title = Medellin executed for rape, murder of Houston teens
publisher = Chron.com
date = 2008-08-05 | accessdate = 2008-08-05
url = http://www.chron.com/disp/story.mpl/front/5924476.html ] [cite web| author = Supreme Court of the United States
title = Jose Ernesto Medellin v. Texas (Per Curiam)
publisher = SCOTUSblog
date = 2008-08-05 | accessdate = 2008-08-05
url = http://www.scotusblog.com/wp/wp-content/uploads/2008/08/medellin-opinion-8-5-08.pdf ]

References

sequence
prev=Larry Donnell Davis
list=People executed in US after Baze v. Rees ruling
next=Heliberto Chi