José Medellín

José Ernesto Medellín Rojas (March 4, 1975 – August 5, 2008), born in Nuevo Laredo, Tamaulipas, was a Mexican national executed by lethal injection for the 1993 murders of Jennifer Ertman and Elizabeth Peña in Houston, Texas.

Medellín was convicted of raping and killing 16-year-old Peña and 14-year-old Ertman on 24 June. He was also linked to the gang-rape and murder of Patricia Lopez on January 4, 1993. While he was never tried in her death, the murder was mentioned at his sentencing hearing.

His case gained notoriety when Mexico sued the United States in the International Court of Justice on behalf of 51 Mexican nationals asserting that 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 court rejected the Bush administration's arguments and cleared the way for Texas to carry out the execution. The International Court of Justice later ruled that the United States had violated its treaty obligations.

Rape and murder

On June 24, 1993, Medellín carried out a gang initiation at T.C. Jester Park in Houston, Texas, along with five others: Peter Cantu, Ramon Sandoval, Efrain Perez, and Derrick Sean 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 alcohol.

Two girls who had attended a birthday party, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Peña, took a shortcut through the park to get home before an 11:30 pm curfew. They encountered the gang, and Medellín began talking to Peña and then grabbed her. She attempted to flee, but he forced her to the ground. When Peña cried for help, Ertman ran back to aid her. In response, Cantu and O'Brien pushed her to the ground, as well. Ramon and Frank Sandoval chose to leave at that point.

The remainder of the gang, as well as Venancio Medellín, took turns anally, orally, and vaginally 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, along with Cantu and Perez, killed Peña by using her shoelaces to strangle her, then crushing her neck with his foot. Villarreal and O'Brien strangled Ertman with O'Brien's nylon belt, until the belt snapped.

Medellín, Villarreal, 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 Villarreal 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 written and taped confessions.

On July 17, 2008, Robert Black, spokesman for Texas Governor Rick Perry, said the state would continue with the scheduled August 5, 2008, 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. CST on August 5, 2008, after a 4-hour delay while the Supreme Court heard a late appeal, which was denied. He is buried at Captain Joe Byrd Cemetery along with Cantu and O'Brien.