Texas Executes Mexican-Born Killer

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

(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.

[irenespapaw]

Well I believe that if Mexico wants Medellin, then Texas should let them have his body!

[dmhphils]

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

That''s right AND God has laws in place, and authorities in place to carry out His laws. The law is for murderers, rapists, thieves, etc.

[omded]

No, make that one more final note. The U.S. Congress has no business legislating its will on the State of Texas. The argument that Congress should have been given time to "pass a law setting up procedures for new hearings" is complete nonsense. The U.S. Congress has absolutely no jurisdiction over this issue. It''s a State issue. The defendant''s supporters were just grasping desperately for anything they could come up with.

[omded]

No, make that one more final note. The U.S. Congress has no business legislating its will on the State of Texas. The argument that Congress should have been given time to "pass a law setting up procedures for new hearings" is complete nonsense. The U.S. Congress has absolutely no jurisdiction over this issue. It''s a State issue. The defendant''s supporters were just grasping desperately for anything they could come up with.

[omded]

No, make that one more final note. The U.S. Congress has no business legislating its will on the State of Texas. The argument that Congress should have been given time to "pass a law setting up procedures for new hearings" is complete nonsense. The U.S. Congress has absolutely no jurisdiction over this issue. It''s a State issue. The defendant''s supporters were just grasping desperately for anything they could come up with.

[omded]

One last note regarding this case. I''m not hearing anyone claim the man was innocent. I''m only hearing people say he wasn''t allowed to seek counsel from the Mexican Consulate. If you dispute this man''s guilt, then I''ll liten. However, if you don''t dispute his guilt, then I see no reason to doubt the decision of the jury. That being said, and the man being convicted of capital murder, Texas alone has the right to detemine what this man''s punishment will be. The Mexican Consulate no longer has anything to do with this case, unless your argument is that the man was denied due process, and I''m not hearing that as an argument here.

[omded]

In my opinion, Texas had every right to do what it did. Remember, the United States is a union of independent states. If your state doesn''t wish to treat it''s convicted murderers the same way Texas treats theirs, Texas isn''t going to force you to do so. But, likewise, respect Texas'' right to do as it sees fit.

Regarding the effect this might have on U.S. citizens accused of a crime in Mexico, I doubt it will make much difference. However, if you disagree, I suggest you urge your state to sever its connections with Texas. If you renounce any union with Texas, then there''s no reason why Mexico should associate you with anything Texas did. However, I don''t think this is anything to sever your ties with Texas over. Texas has a "get tough" attitude toward violent crime, and this might just be what''s necessary. I can tell you this: other young gang members out there have a clear message that if you do what these young men did, you will risk the same fate of this man. It seems to me this is a much more effective message than making them immune from execution, or allowing them to postpone their fate indefinitely with a countless array of appeals.

[semidrivers]

I say good bye dirt bag. Texas did everyone a favor

[semidrivers]

i was born and raised in the great State of Texas, if you commit a crime here, especially Murder, Rape and Torture, you should be put to Death, if you don''t like it, don''t come back!!!

[chimpyout]

Mexico has forty-five (45) consulates in the USA--vastly more than any other country.

Think of them as a kind of resettlement agency at our enormous expense for medical, educational, housing, etc etc costs.

[patriot12436]

omdeb
I agree i acve met many fine people from different races. We cannot judge all racesds by th few bad apples, however whe we cartch abad apple i do thik we should prosecue to th full extent of the law. Living here illegally i feel they have no civil righs. This is a price they pay for breaking out law.

[patriot12436]

pensacola88
If he wqanted to speak to his counsulate why didn''t ask before conviction, not four aafter ?

[patriot12436]

tootll
What is your comment about veterans out ? What is your meaning ?

[libsluv2spit]

again..notice that these bleeding heart liberals are more worried about what mexico would think..must be obama voters..maybe we should have obama hold a speech in mexico..

[libsluv2spit]

he US has now forfeited the same rights for US citizens arrested abroad.
So a Texan arrested in Mexico is from now on stripped of the right to US consular assistance in connection with his trial?
In so doing the US has regrettably joined a select club of banana states on par with Iran.

Posted by WonderYman
----
My point exactly, now americans can''''t count on their getting their consular rights anywhere in the world.

I don''''t have any issue with the death penalty per say ... just how its applied and the cost ... its cheaper to keep someone for life than do the whole 11 appeals up to the supreme court routine.


Posted by cyberus at 10:15 PM : Aug 06, 2008
+ report abuse

*******

are you guys like 9 years old or live in such a jaded and secluded life to FIGURE OUT THAT ...THAT IS ALREADY HAPPENING TO AMERICANS IN MEXICO..

[apprxam]

"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"

So were two girls and their families and the citizen of cities all over the nation hendered by the activities of these "GANGS".

[cyberus-2009]

----
The US has now forfeited the same rights for US citizens arrested abroad.
So a Texan arrested in Mexico is from now on stripped of the right to US consular assistance in connection with his trial?
In so doing the US has regrettably joined a select club of banana states on par with Iran.

Posted by WonderYman
----
My point exactly, now americans can''t count on their getting their consular rights anywhere in the world.

I don''t have any issue with the death penalty per say ... just how its applied and the cost ... its cheaper to keep someone for life than do the whole 11 appeals up to the supreme court routine.

[apprxam]

I have a feeling that something is going to happen in Mexico involving a U.S. citizen and Mexican officials will use it to embarass the United States, further complicating the already heightened tensions surrounding economics & trade, border security and the always fun immigration debate.

I just don''t think this guy is worth the effort.

[be_real]

Why it took so long?

[edintex]

There are third world countries with better legal systems than Texas. This misstep is just plain unforgivable!!!
Posted by Pensacola88 at 09:16 PM : Aug 06, 2008

Texas does not want or need any "forgiveness" from you. You and any other like minded person who reads this is invited to stay as far away from Texas as you can get yourselves. And dont worry about Texas and our civil rights. The overwhelming majority of ALL RACES in this state agree with our method disposing of our murderers. They didnt go far enough though. They really should have tarred and feathered him first.