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Mexican-born rape-murderer to be executed against wishes of World Court

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Mexican-born rape-murderer to be executed against wishes of World Court

Old 08-05-08, 12:40 PM
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Mexican-born rape-murderer to be executed against wishes of World Court

God bless Texas.

* * * * * * *

http://www.dallasnews.com/sharedcont...n.1b21fd3.html

Mexican-born Texas death row inmate Jose Medellín set to die

12:06 PM CDT on Tuesday, August 5, 2008
Associated Press

HUNTSVILLE, Texas – Mexican-born condemned prisoner Jose Medellín waited in a cell a few steps from the Texas death chamber while the U.S. Supreme Court considered whether he should be spared from execution Tuesday evening.

Medellín, 33, claims he was denied treaty-guaranteed help from the Mexican consulate when he was arrested for the vicious rape-slayings of two Houston teenage girls 15 years ago.

Medellín faced lethal injection for participating in the gang rape, beating and strangling of Elizabeth Pena, 16, and Jennifer Ertman, 14. He and five fellow gang members attacked the girls as they were walking home on a June night in 1993, raped and tortured them for an hour, then kicked and stomped them before using a belt and shoelaces to strangle them.

Their remains were found four days later. By then, Medellín already had bragged to friends about the killings.

Medellín's execution, which would be the fifth this year in the nation's busiest capital punishment state, attracted international attention after he raised claims he wasn't allowed to consult the Mexican consulate for legal help after he was arrested. Medellín was 3 when he came to the United States and grew up in Houston, where he learned English and attended school.

His lawyers asked the U.S. Supreme Court to stop the execution until legislation can be passed to formalize case reviews ordered by the International Court of Justice, a panel based in The Hague and also known as the World Court.

Gov. Rick Perry, Texas courts and the Texas attorney general's office all said the execution should go forward and that Medellín has had multiple legal reviews. State officials noted Medellín never invoked his Mexican consular rights under the Vienna Convention until some four years after he was convicted of capital murder.

The International Court of Justice has said Medellin and some 50 other Mexicans on death rows around the nation should have new hearings in U.S. courts to determine whether the 1963 treaty was violated during their arrests. Medellin is the first among them set to die.

President Bush asked states to review the cases, but the Supreme Court ruled earlier this year neither the president nor the international court can force Texas to wait. Medellín's supporters say either Congress or the Texas Legislature should be given a chance to pass a law setting up procedures for new hearings before he should be executed and that executing Medellín now would endanger Americans abroad.

"Flouting the World Court ruling would be yet another blight on America's already tarnished international reputation," said Sue Gunawardena-Vaughn, director of Amnesty International USA's death penalty abolition campaign. The human rights organization is opposed to capital punishment in all instances.

A bill to implement the international court's ruling wasn't introduced in Congress until last month and quick passage is considered unlikely. The Texas Legislature doesn't meet until January.

Sandra Babcock, one of Medellin's lawyers, said the Supreme Court "should play its part in ensuring that the United States abides by the commitments undertaken when it signed and ratified the Vienna Convention and the UN Charter."

Randy Ertman, who lost his daughter in the attack, said Medellín's supporters were misguided.

"Mexico has a big yard down there full of filth and murders and gangs and drug cartels and they're not mentioning anything about that," he said. "There's where they need to start their work."

On Monday, the 5th U.S. Circuit Court of Appeals rejected a request for a reprieve and denied his lawyers permission to file new appeals. The Texas Board of Pardons and Paroles also rejected requests for clemency and a 240-day reprieve.

"I don't want sympathy or pity, I'd rather have your anger," Medellín said on an anti-death penalty Web site where prisoners seek pen pals. "Don't feel sorry for me. I'm where I'm at because I made an adolescent choice. That's it!"

He said he'd "grown up behind bars and if the state gets its wish I'll die behind a locked steel door."

He added, erroneously, "There's no bars in the death chamber."

One of Medellín's fellow gang members, Derrick O'Brien, was executed two years ago. Another, Peter Cantu, described as the ringleader of the group, is on death row. He does not have a death date.

Two others, Efrain Perez and Raul Villarreal, had their death sentences commuted to life in prison when the Supreme Court barred executions for those who were 17 at the time of their crimes.

The sixth person convicted, Medellín's brother, Vernancio, was 14 at the time and is serving a 40-year prison term.

Mark Vinson, the Harris County assistant district attorney who prosecuted Medellín and is now retired, said it was interesting to him that none of the prisoner's appeals focused on his guilt or the evidence.

"I just think under cloak and dagger they're trying to reach out and grab something," he said. "I believe instead of playing this game, he should reach out to his creator. He needs to spend his time praying to his creator for mercy and forgiveness."

At least six other Mexican nationals have been executed in Texas since 1982.

On Thursday, a Honduran man, Heliberto Chi, 29, is set to die for the slaying of a suburban Dallas clothing store manager during the robbery of a clothing store seven years ago.

* * * * * *

For those of you who aren't familiar with the crime, here is a site:

http://www.murdervictims.com/Voices/jeneliz.html

This guy should have swung years ago.
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Old 08-05-08, 12:44 PM
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Mexican-born?!?!
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Old 08-05-08, 12:49 PM
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By then, Medellín already had bragged to friends about the killings
Sounds like any help (or not) from the Mexican government is just a technical issue. He did the crime and should pay the price.

We need a grundle poll here:
[X] The US should flout the World Court ruling
[ ] The US shouldn't flout the World Court ruling

oops, my vote is cast.
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Old 08-05-08, 12:54 PM
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Originally Posted by dick_grayson
Mexican-born?!?!
OMG MEXICANS
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Old 08-05-08, 12:58 PM
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Originally Posted by dick_grayson
Mexican-born?!?!
I await the California media version which will change it to "guest worker".
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Old 08-05-08, 01:02 PM
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Scalia rides this Circuit on death penalty cases so Medellin is going to need a lot of luck.
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Old 08-05-08, 01:30 PM
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I remember back in the olden days when we used to at least make some sort of pretense of living up to our treaty obligations. Man, we sure were a bunch of pussies.
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Old 08-05-08, 01:39 PM
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like with the indians?
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Old 08-05-08, 01:51 PM
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Originally Posted by Vibiana

Mark Vinson, the Harris County assistant district attorney who prosecuted Medellín and is now retired, said it was interesting to him that none of the prisoner's appeals focused on his guilt or the evidence.

"I just think under cloak and dagger they're trying to reach out and grab something," he said. "I believe instead of playing this game, he should reach out to his creator. He needs to spend his time praying to his creator for mercy and forgiveness."
What are his parents going to do for him now? And is this really the best public statement the Asst. D.A. can make? They should fry this fucker too just for being so goddamn pretentious.
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Old 08-05-08, 01:53 PM
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Originally Posted by Venusian
like with the indians?
Good point.
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Old 08-05-08, 02:12 PM
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Sandra Babcock, one of Medellin's lawyers, said the Supreme Court "should play its part in ensuring that the United States abides by the commitments undertaken when it signed and ratified the Vienna Convention and the UN Charter."
This is outside the SCOTUS jurisdiction.
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Old 08-05-08, 02:30 PM
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The death penalty is too lean of a punishment for this sick fuck.
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Old 08-05-08, 02:32 PM
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Upon his arrest on June 29, 1993, Medellin informed the arresting officers he was born in Laredo, Mexico. He also notified Pre-trial Services for Harris County that he was not a United States citizen. Despite this, Medellin was never advised of his right to contact and seek the assistance of Mexican consular officials. As a result, Mexican consular officials were deprived of any opportunity to assist him before and during his trial.
http://www.internationaljusticeproje...sJMedellin.cfm
He was never advised by Texas authorities of his right as a detained foreign national to seek consular assistance, as required under article 36 of the Vienna Convention on Consular Relations (VCCR). Because of this treaty violation, José Medellín was deprived of the extensive assistance that Mexico provides for the defence of its citizens facing capital charges in the USA. The Mexican Consulate did not learn about the case until nearly four years after José Medellín’s arrest, by which time his trial and the initial appeal affirming his conviction and death sentence had already concluded.
http://www.isavelives.be/en/node/1895

So if the judicial remedy is more severe than deportation the defendent's legal status needs to be determined, i.e. a foreign national and not a migrant worker. As the Burger King ad campaign states, "Have it your way."
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Old 08-05-08, 03:17 PM
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Originally Posted by Lemdog
This is outside the SCOTUS jurisdiction.
Only because they got it wrong when they decided Medellin v. Texas.

http://en.wikipedia.org/wiki/Medellin_v._Texas
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Old 08-05-08, 03:27 PM
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Originally Posted by Franchot
The death penalty is too lean of a punishment for this sick fuck.

Seriously. They should send him on a Greyhound bus up to Canada.
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Old 08-05-08, 03:29 PM
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Originally Posted by Bronkster
I await the California media version which will change it to "guest worker".

That's a misnomer.....since half of 'em don't <i>work</i>!
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Old 08-05-08, 03:30 PM
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Less than nine hours left now?
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Old 08-05-08, 03:33 PM
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Originally Posted by JasonF
Only because they got it wrong when they decided Medellin v. Texas.

http://en.wikipedia.org/wiki/Medellin_v._Texas

I agree. Article VI states:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
It doesn't say "all self-executing Treaties made and Treaties made and implemented by statute..."
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Old 08-05-08, 04:32 PM
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Originally Posted by JasonF
Only because they got it wrong when they decided Medellin v. Texas.

http://en.wikipedia.org/wiki/Medellin_v._Texas
I was think more along the lines of Diggs v. Schultz but it's the same principle.
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Old 08-05-08, 09:31 PM
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Originally Posted by Ranger
Less than nine hours left now?
OK, I read that he was scheduled to be executed at 6 PM (central time). But the scotus just put the execution on hold.

http://news.yahoo.com/s/mcclatchy/20...tchy/3010330_1

Texas execution on hold as U.S. Supreme Court considers appeal

By Dave Montgomery, McClatchy Newspapers
2 hours, 22 minutes ago

WASHINGTON -- Injecting last-minute uncertainty into a case that has garnered international attention, the U.S. Supreme Court considered a late-hour appeal by Texas death row inmate Jose Ernesto Medellin on Tuesday night, disrupting the timetable for his scheduled execution in the 1993 rape and murder of two Houston teenagers.

The 33-year-old Mexican national, the center of an international dispute over U.S. treaty obligations, was scheduled to die by injection shortly after 6 p.m. Texas time. But the execution remained on hold nearly two hours later as justices considered his request for reprieve.

"We're waiting for a ruling from the U.S. Supreme Court ," said prison spokeswoman Michelle Lyons in explaining the delay.

The case became entangled in international politics over Medellin's assertion that he was denied his right to contact the Mexican consulate after his arrest. Under a 1963 treaty signed by the United States and 165 other countries, citizens from any of the participating nations are entitled to contact a consular official "without delay" if they are arrested overseas.

An unlikely cast of legal allies, including the Bush administration and much of the world's diplomatic community, embraced Medellin's position, warning that the United States will be accused of violating the treaty if Medellin is executed without a hearing on his consular access claim. The case pitted President Bush against his home state of Texas .

Medellin and five other members of a gang called the Black and Whites were convicted of raping and killing Jennifer Lee Ertman , 14, and Elizabeth Pena , 16, after the two girls stumbled into a gang initiation while hurrying home from a party.

Witnesses said Medellin later bragged about the assault and described using a shoelace to strangle one of the girls because he didn't have a gun. Medellin, then 19, also "put his foot on her throat because she would not die," according to a state legal brief.

"Today, this day is for Jennifer and Elizabeth. This is not about Jose Medellin ," said Andy Kahan , crime victims director in the Houston mayor's office, who was in Huntsville for the execution. "The sad irony is that Jose Medellin has lived on death row longer than Jennifer lived on this planet."

As the Supreme Court reviewed Medellin's appeal, Texas Gov. Rick Perry was also considering a recommendation of the Texas Board of Pardons and Paroles to reject Medellin's request to delay the execution or commute the sentence to life. The board approved the recommendation on a 7-0 vote Monday.

Secretary of State Condoleezza Rice and Attorney General Michael Mukasey have asked the Texas governor "to take the steps necessary" to enable the United States to comply with its treaty obligations. "Put simply, the United States seeks the help of the State of Texas ," the two Bush cabinet members told Perry in a June 17 letter.

The U.S. Embassy in Mexico City has warned of possible protests to "incite anti-U.S. sentiment" in response to the execution. Texas' insistence on carrying out the death penalty against Medellin would also be seen as "a slap in the face" to the International Court of Justice , said Edward Swaine , an international law specialist at George Washington University .

The court, based in the Netherlands , held that Medellin and other condemned Mexican nationals are entitled to hearings under the 1963 treaty. Bush ordered Texas and other states to grant the hearings but the U.S. Supreme Court ruled in March that the president overstepped his authority in issuing the order.

The Supreme Court ruling demolished the central theme of Medellin's appeals and set the stage for his execution.

Medellin, who had been confined on death row in the Polunsky Unit of the Texas prison system, was transferred to the main prison unit in Huntsville on Monday night to await the scheduled execution in the prison's death chamber.

He received visits from family members on Tuesday morning, including his mother and father, his grandmothers and a sister, said prison spokeswoman Michelle Lyons . He also met with a friend, Sandra Crisp of Houston , who was invited by Medellin to witness the execution.

Medellin declined a customary last meal, Lyons said. He chose not to invite a spiritual adviser to his cell but will have access to the prison chaplain, Lyons said.

Juries sentenced five of the gang members involved in the murders to death, but two of the sentences were commuted to life in prison. Medellin's younger brother, Venancio, who was 14 at the time, received 40 years. The first execution was carried out in July 2006 against Derrick Sean O'Brien . Gang leader Peter Cantu is also awaiting execution but no date has been set.
edit: Well, I suppose Texas did put it on hold while they wait for the SCOTUS to make up their mind.

Last edited by Ranger; 08-05-08 at 10:20 PM.
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Old 08-05-08, 10:13 PM
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It didn't say scotus put it on hold but Texas has put it on hold waiting for scotus to say something. Or did I read something wrong?
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Old 08-05-08, 10:20 PM
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Update: dead.
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Old 08-05-08, 10:23 PM
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Originally Posted by cdollaz
Update: dead.
Wow, that was quick, SCOTUS denied the appeal. I don't think he has been executed yet, but they said they would execute him anytime before midnight.
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Old 08-05-08, 10:27 PM
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Originally Posted by Ranger
Wow, that was quick, SCOTUS denied the appeal. I don't think he has been executed yet, but they said they would execute him anytime before midnight.
Nope, it's done.
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Old 08-05-08, 10:27 PM
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http://ap.google.com/article/ALeqM5g...kVd5wD92CHHQO0
HUNTSVILLE, Texas (AP) — A Mexican-born condemned prisoner was executed Tuesday night for the rape and murder of two teenage girls 15 years ago after a divided U.S. Supreme Court rejected his request for a reprieve.

Jose Medellin's case attracted international attention after he raised claims he wasn't allowed to consult the Mexican consulate for legal help following his arrest. State officials say he didn't ask to do so until well after he was convicted of capital murder.

Medellin, 33, faced lethal injection for participating in the 1993 gang rape, beating and strangling of Elizabeth Pena, 16, and Jennifer Ertman, 14. He and five fellow gang members attacked the Houston girls as they were walking home on a June night, raped and tortured them for an hour, then kicked and stomped them before using a belt and shoelaces to strangle them.

...
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