HUNTSVILLE, Texas, Aug. 5, 2008

Texas Executes Mexican-Born Killer

Despite International Pressure, Man Convicted Of Raping, Murdering 2 Teen Girls Put To Death

    • A Texas Department of Criminal Justice officer walks past the Huntsville Prision Unit during the execution of Mexican-born death row inmate Jose Medellin, Aug. 5, 2008, in Huntsville, Texas. Photo

      A Texas Department of Criminal Justice officer walks past the Huntsville Prision Unit during the execution of Mexican-born death row inmate Jose Medellin, Aug. 5, 2008, in Huntsville, Texas.  (AP Photo/Matt Slocum)

    • Jose Medellin, 33, was condemned for participating in the 1993 gang rape, beating and strangling of Elizabeth Pena, 16, and Jennifer Ertman, 14. Photo

      Jose Medellin, 33, was condemned for participating in the 1993 gang rape, beating and strangling of Elizabeth Pena, 16, and Jennifer Ertman, 14.  (AP/Texas Dept. of Criminal Justice)

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(CBS/ 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.

"I'm sorry my actions caused you pain. I hope this brings you the closure that you seek. Never harbor hate," Jose Medellin said to those gathered to watch him die. Nine minutes later, at 9:57 p.m., he was pronounced dead.

Medellin's execution, 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 following his arrest. State officials say he didn't ask to do so until well after he was convicted of capital murder.

"This case was, and will continue to be, very problematic for the Bush administration because it is both the case of a brutal murder and a case about international obligations that are needed to give U.S. citizens detained abroad access to their ambassador or consular officials,” said CBS News foreign affairs analyst Pamela Falk, "and that is why the Bush Administration had argued to the International Court of Justice that Washington agreed with Mexico on the need to review the case."

Medellin, 33, was condemned 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.

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

Pena's father, who was among the witnesses, gently tapped the glass that separated him from Medellin as he turned to leave the witness chamber after the execution.

"We feel relieved," Adolfo Pena said after leaving the prison. "Fifteen years is a long time coming."

Several dozen demonstrators, about evenly divided between favoring and opposing capital punishment, stood outside on opposite sides of the Texas Department of Criminal Justice Huntsville Unit.

Medellin's attorneys contended he was denied the protections of the Vienna Convention, which calls for people arrested to have access to their home country's consular officials.

"Under the circumstances, it's hard to talk about what comes next," lawyer Sandra Babcock said, noting her thoughts were with Medellin's family and the family of his victims. "But now more than ever, it's important to recall this is a case not just about one Mexican national on death row in Texas. It's also about ordinary Americans who count on the protection of the consulate when they travel abroad to strange lands. It's about the reputation of the United States as a nation that adheres to the rule of law."

In Nuevo Laredo, Mexico, where Medellin was born, a small group of his relatives condemned his execution.

"Only God has the right to take a life," cousin Reyna Armendariz said.

Six of his relatives, including Armendariz, and several activists gathered earlier Tuesday in a working-class neighborhood to await word on Medellin's fate.

A large black bow and a banner that read "No to the death penalty ... may God forgive you," hung from an iron fence in front of the house where Medellin lived until moving to the United States at the age of 3. He grew up in Houston, where he learned English and attended school.

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

President Bush asked states to review the cases, but the U.S. Supreme Court ruled earlier this year neither the president nor the international court can force Texas to wait.

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

"There will be risks to Americans traveling in other countries as a result of this case and political fallout but the heinousness of the crime made it a bad test case," said Falk.

His lawyers asked the U.S. Supreme Court on Friday to stop the execution until legislation could be passed to formalize case reviews ordered by the International Court of Justice.

The high court said in its ruling that that possibility was too remote to justify a stay. Justice Stephen Breyer, one of four justices who issued dissenting opinions, wrote that to permit the execution would place the United States "irremediably in violation of international law and breaks our treaty promises."

Medellin's supporters said either Congress or the Texas Legislature should have been given a chance to pass a law setting up procedures for new hearings. A bill to implement the international court's ruling wasn't introduced in Congress until last month. The Texas Legislature doesn't meet until January.

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.

One of Medellin'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, Medellin's brother, Vernancio, was 14 at the time and is serving a 40-year prison term.

© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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Add a Comment See all 591 Comments
by cyberus-2009 August 6, 2008 1:03 AM PDT
I hope W is ready to have the blood of any American railroaded into execution overseas on his hands, once again ignoring international law puts citizens at risk.
Any soldier captured and mistreated, tortured, dragged to death can be added to the blood toll for the violations of the Geneva Convention.
Sadly no matter who takes office next year .. it will take decades to regain any sort of *moral high ground* around the world .. and proclaiming ones *faith* is a poor cover for ones actions.
Reply to this comment
by noirceur August 6, 2008 1:08 AM PDT
Been waiting along time for this.At least some justice is being done.Although the six didn''t get the kind of punishment they were due.
Reply to this comment
by standlee5 August 6, 2008 1:16 AM PDT
"Only God has the right to take a life," cousin Reyna Armendariz said.


hmmm. tell that to your dead cousin, the cold blooded murderer.
Reply to this comment
by Netterz August 6, 2008 1:17 AM PDT
Too many loop holes for these murdering psychos as it is. He was raised here in the States for all of the time of his life, knew the law, but chose to be part of a gang that murders, rapes, and who knows what all else he and his gang members did to those girls, and probably others they werent caught or charged with. He is where he should be.. in the ground.
Reply to this comment
by standlee5 August 6, 2008 1:18 AM PDT
God I hate gang members. They''re cowardly thugs terrorists.
Reply to this comment
by noirceur August 6, 2008 1:19 AM PDT
"Only God has the right to take a life," cousin Reyna Armendariz said.
What a sickening statement.Too bad he wasn''t there to tell his cousin this before J.M. and the others all raped and murdered these two young girls.
Reply to this comment
by incog-nito August 6, 2008 1:25 AM PDT
Good riddance
Reply to this comment
by nurse70-2009 August 6, 2008 1:40 AM PDT
TOO BAD THAT OUR JUSTICE SYSTEM ALLOWS THESE SICKO''S TO LIVE AS LONG AS THEY DO ! NO PEACE IN HELL BABY KILLER . GLAD YOUR GONE AND IF ANY OF YOUR FAMILY IS LIKE YOU THEY SHOULD DIE TOO .
Reply to this comment
by stn_sage August 6, 2008 1:46 AM PDT
I have to say:

1. I am perplexed by this administration''s inconsistency! They reduced border patrol personnel to allow illegal aliens to stream into America by the MILLIONS in order to take jobs from Americans!

But now, they want to violate international law by not allowing this man to have native counsel in his proceedings prior to putting him to death! I would think that Bush would issue an executive order protecting him until he gets native counsel, but no!

2. I can''t say I feel sorry for him, I don''t! He earned what he''s about to get!

3. This whole situation dramatizes my point: that we DO need to guard our border and prevent open access to the USA! It was a promise the GOP made years ago, and failed to deliver on! Shame on you!
Reply to this comment
by guadalcanal3 August 6, 2008 1:55 AM PDT
Good riddance.
Reply to this comment
by chicablanca August 6, 2008 2:00 AM PDT
well its true only god has the right to tke his life and you should not be saying that about his family that is very inconciderate!!!! lo siento por todo como te dwelle tu corazon... yo si se que dios es de unico que se pude mordir por uno te quadas a dios
Reply to this comment
by andrew_693 August 6, 2008 2:05 AM PDT
interesting that the same asrseholes here claiming that justice was done are the same ones that before were claiming leniency when a bunch of marines murdered an entire family and raped their 14 year old daughter in iraq who by the way got a slap on the wrist. Than they say they are not racists....go figure. I wonder if they will execute those gang bangers in Okinawa that murdered a taxi driver and the other one who raped a child. I wonder if the italians have the same hatred towards your american girl that participated in the torture and murder of a british national in Italy, I wonder if she was denied an american lawyer the same way that mexican murderer was. Off course not.
Reply to this comment
by jocly52 August 6, 2008 2:06 AM PDT
Bye a$$hole!
Reply to this comment
by pirmin3 August 6, 2008 2:10 AM PDT
Ciao, scumbag.
Reply to this comment
by susanhelit August 6, 2008 2:41 AM PDT
He took two lives - innocent lives. They did nothing wrong, and were killed, horribly. He did plenty wrong, and was killed, gently. If he wanted to commit these crimes where he wouldn''t be killed for them, he should have stayed home, gone out raping and murdering there, not here.
Reply to this comment
by no2zeebas August 6, 2008 2:43 AM PDT
interesting that the same asrseholes here claiming that justice was done are the same ones that before were claiming leniency when a bunch of marines murdered an entire family and raped their 14 year old daughter in iraq who by the way got a slap on the wrist. Than they say they are not racists....go figure. I wonder if they will execute those gang bangers in Okinawa that murdered a taxi driver and the other one who raped a child. I wonder if the italians have the same hatred towards your american girl that participated in the torture and murder of a british national in Italy, I wonder if she was denied an american lawyer the same way that mexican murderer was. Off course not.

Posted by andrew_693 at 02:05 AM : Aug 06, 2008


The scumbag marines should have been executed as well...
Reply to this comment
by bequialife August 6, 2008 3:06 AM PDT
Yay! Good news regarding a criminal illegal mexican. Let''s hear more of this!
Reply to this comment
by airboatboy August 6, 2008 3:10 AM PDT
His cousin said "Only God has the right to take a life". Well, I guess he played God so this time someone else did!
Reply to this comment
by txtrio1 August 6, 2008 3:35 AM PDT
He MURDERED in the USA HE DIES in the USA.
Reply to this comment
by hadenufff August 6, 2008 3:46 AM PDT
Hey No2Zeebas and andrew_693, apparently you two idiots don''t read the news do ya, or are you just too stupid to understand it? The marines were aquitted of those false charges. Apparently you have no concept of what really goes on in the world. Medellin deserverd a lot worse than he got. And it should be a warning to the rest of the illegal''s who come to this country and commit crimes.
Reply to this comment
by benissimo-2009 August 6, 2008 3:50 AM PDT
Karma right there.
Reply to this comment
by swwils August 6, 2008 4:22 AM PDT
They should have raped him then had some executioner murder him the same way he did those little girls.If we would go back to public stonings,and hangings these crazy people might actually think before they act!
Reply to this comment
by haoli25 August 6, 2008 4:59 AM PDT
Boo Hoo...dead beaner. Oh well, NEXT!
Reply to this comment
by patriot12436 August 6, 2008 5:04 AM PDT
no2zebas and andrew693
He got justice which is more than his victims can say. If you can''t support our service members hen get the hell out of this country. We don''t need your kind
Reply to this comment
by patriot12436 August 6, 2008 5:05 AM PDT
His relatives don''t like it because he was executed, tough. They should have taught him that only Gof has thwe right to take a life. Either keep your crimial scum in your country or expect more of the same. I only regret it took 15 more years to end his worthless life.
Reply to this comment
by patriot12436 August 6, 2008 5:07 AM PDT
chicablamca
This is America, you want to post on these boards learn english or shut the hell up.
Reply to this comment
by patriot12436 August 6, 2008 5:10 AM PDT
cyberus
This case has nothing to do with international law. He was here illegally, broke American law, and paid for it. I only regret the two younger gang bangers got life because they were too young to execute.
Reply to this comment
by Gary Kempf August 6, 2008 5:15 AM PDT
Texas Executes Mexican-Born Killer

GOOD!
Reply to this comment
by nikkicatt1 August 6, 2008 5:42 AM PDT
If you have ever been to Central or South America, you should know that you could be arrested, kidnapped or killed without ever seeing your consulate. How much longer will Americans give not only our country, but our right to be safe in our country away? Three cheers for Texans!!! One of these lowlife illegals killed someone dear to me. If the execution is stopped, can I have him?
Reply to this comment
by dowjones20k August 6, 2008 5:44 AM PDT
Typical AP story .... Anti-US .... Sympathizer for a killer ... and then only the dissent side of the US Sumpreme Court ...

I am surprised that CBS did not use the AP''s headline .. snd that was "US DEFIES WORLD COURT"

HAHA like the US should answer to the world court or any other ..

Although I was surprised they reported on the viciousness of the crime ..

That should be enough to see why this piece of evil garbage got EXACTLY what he deserved ...

Now they need to finish up the rest of the bunch ..

One less taxpayer sucking, sorry, gangbanger, wasted human being to deal with ...
Reply to this comment
by nextgenman August 6, 2008 6:31 AM PDT
Posted by dowjones20k at 05:44 AM : Aug 06, 2008
-------

Yawn. Another RINO screecher.
Reply to this comment
by nextgenman August 6, 2008 6:38 AM PDT
One less Illegal.....good riddance.
Reply to this comment
by slim1h2o August 6, 2008 6:59 AM PDT
Moral of the story?

If you come here, do so legally. And if you do come here, don''t kill young virgins. And again, if you do so, don''t expect too much forgiveness, or to be treated any differently than anyone else who murders innocent people.

Pretty simple, eh?
Reply to this comment
by whiskyrokkr August 6, 2008 7:14 AM PDT
Good
Reply to this comment
by obama441 August 6, 2008 7:18 AM PDT
now let''s execute the fat boy!!!
Reply to this comment
by obama441 August 6, 2008 7:20 AM PDT
One less Illegal.....good riddance Posted by nextGenMan..you''re that clown aka FloydZepp
Reply to this comment
by obama441 August 6, 2008 7:29 AM PDT
Ohio death row prison inmate say Richard Wade Cooey is too fat to be executed constitutionally....execute that no good "white trash" set his arss on fire!!
Reply to this comment
by xlib August 6, 2008 7:39 AM PDT
ANNNNNND???? So what. Did he or did he not commit the crimes?? Did he enter this country and commit those crimes?? Did he take advantage of all this country gave him??? If so, SOOOO WHAT!!
Maybe he should have stayed in Mexico and committed the crimes there. This should happen more often to scumbags like this.
The illegals that killed the father and sons in the "sancutuary" city and home of your queen nance should have the same fate.
Reply to this comment
by kutyadog1 August 6, 2008 7:43 AM PDT
Good riddance. If someone comes here and does something bad then they should pay for the crime here.
Reply to this comment
by xlib August 6, 2008 7:43 AM PDT
notozeebas-The Marines??? You mean the ones your murtha slandered in the press even before any investigation or trial? Those Marines?? The ones that were aquitted?
This dirtbag got what he deserved. And you, your post is ignorant but so typical of the left.
Reply to this comment
by whiskyrokkr August 6, 2008 7:55 AM PDT
Ohio death row prison inmate say Richard Wade Cooey is to fat to be executed constitutionally...execute that no good "white trash"set his arse on fire!!

Posted by Obama441
--------------------
For once I am in total agreement with you. Mark the date and time.
Reply to this comment
by obama441 August 6, 2008 7:57 AM PDT
Corrections spokeswoman Michelle Lyons said Medellin died at 9:57 CT. Good!! prayers for the two Texas girls,and their families.....
Reply to this comment
by extremophil August 6, 2008 7:57 AM PDT
Hasta la vista, baby....
Reply to this comment
by stewart_ew August 6, 2008 7:59 AM PDT
One less scum bag, we don''t need that type of trash, walking around or clogging or prisons. A big THANK YOU for Texas and Texans, it''s good to see people with enough guts to do what is right, popular or not. We need people like you running for the president. Screw the world court, the crime was committed in the US against Good US people, finally he paid with all he had.
Reply to this comment
by adillon70 August 6, 2008 7:59 AM PDT
So his cousin said "Only God has a right to take a life." This scum bag took TWO lives..and he sure isn''t God. Killing those girls entitles him to the repercussions of his actions. Too bad we can''t sentence him to die the way his victims did!
Reply to this comment
by bks59 August 6, 2008 8:00 AM PDT
No matter how you describe it, define it or defend it, executions are premeditated murder.
Reply to this comment
by tmn August 6, 2008 8:04 AM PDT
He will be sorely missed...by no one.
Reply to this comment
by armydog2 August 6, 2008 8:04 AM PDT
Good, he got what he deserved!!!
Reply to this comment
by obama441 August 6, 2008 8:06 AM PDT
bks59 that''s because you''re a tree hugger...
Reply to this comment
by bks59 August 6, 2008 8:07 AM PDT
No, this is not a Liberal point of view, it is fact: executions are premeditated murder, call it what it is.

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Posted by bks59 at 08:00 AM : Aug 06, 2008

Awwwww, the poor guy... Awwww. The LIBERALS are in mourning.. Awwwww...
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