Ertman & Pena’s Killer To Finally Die

May 7th, 2008 By: marc moore | Tags:

The horrifying murder of Jenny Ertman and Elizabeth Pena was my welcome home to Houston after living in Oregon for several years.  I remember the case like it was yesterday because their brutal, gang-related rape and strangulation happened only a short distance from where I worked at the time.  Now, after nearly 15 years of legal wrangling and international intrigue, justice will finally be served on the illegal immigrant who, along with the other animals in the Black and White gang, brutalized these two beautiful young girls.

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On a summer night in 1993, Jennifer Ertman and her friend Elizabeth Pena, both students at Houston’s Waltrip High School, took a shortcut home through a park from another friend’s house when they encountered Medellin and seven other members of the Black and Whites gang.

Raul Villareal, 17, was being initiated into the gang, which required him to fight other gang members for several minutes. Following the ritual, the teens sat in the park drinking beer.

Around 11:30 p.m., as Ertman and Pena passed the young men, Medellin grabbed Pena and dragged her down a hill.

According to court testimony, Ertman was able to run away but heard Pena’s cries and returned to help. The other boys grabbed Ertman, and for the next hour proceeded to rape, sodomize and beat the girls before strangling them.

The final act of brutality came when the girl’s bodies were stomped on to make sure they were dead, court testimony shows.

The boys’ were so brazen about their actions that one of them, Derrick Sean O’Brien, even turned up smiling on videotape taken by local news crews reporting at the scene.

Happily O’Brien has already been executed for his crimes.  Now Medellin, who is no longer able to hide behind his status as an illegal immigrant and therefore, some said, not subject to the death penalty, will follow.

Medellin, who was born in Mexico but lived most of his life in Houston, had exhausted his appeals, but a legal struggle over international law had kept his case on appeal to the Supreme Court.

Even President Bush had said Texas should reconsider the case, based on the 1963 Vienna Convention. That international agreement established ground rules under which countries must treat the citizens of other nations that signed it, including contacting the embassies of foreign nationals without delay.

But the high court ruled in March that President Bush had overstepped his bounds in 2005 when he ordered Texas and other states to conduct hearings for 51 Mexican nationals on death row, including Medellin, who claimed their rights were violated when local consulates were not notified of their arrests.

Susan Gzesh, director of the human rights program at the University of Chicago believes that President Bush was obligated to follow international law:

If the U.S. is going to disobey the obligations we’ve undertaken under the Vienna Convention, then other countries could retaliate," Gzesh said.

Jennifer Ertman’s father disagreed, saying that then-Governor Bush shook his hand and promised to keep his daughter’s killers on death row, only to later wrote the memo that might have spared Medellin’s life.

But that injustice was not to be as the U.S. Supreme Court thought otherwise.

By a 6-3 vote, the court said that a memo by Bush instructing states to comply with the World Court decision for new hearings was not sufficient to require states to act.

Another defendant in the case is on death row pending an execution date while two more had their sentences reduced to life in prison because of a Supreme Court ban on executing those who were juveniles at the time of their crime.

Now, having been held in prison for nearly the entire length of Jenny Ertman and Elizabeth Pena’s too-short lives, Medellin’s will make this world a better place by leaving it, courtesy of the state of Texas.

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  1. Pug
    May 7th, 2008 at 03:57
    Reply | Quote | #1

    This grisly crime also greeted my return to Houston after living in the Virgin Islands for a few years.  Even by Houston’s generally shocking standards, this was awful.  This man deserves to die.

  2. Orson Buggeigh
    May 7th, 2008 at 15:25
    Reply | Quote | #2

    The only people who are on a similar plane with the killers are the clueless do-gooders who mount endless appeals to save the lives of these people.  Some people are simply not up to recognizing the obvious - if one truly values the humanity of people, then someone who violates the basic right to live should forfeit their own life in return.  It should not take fifteen years for killers to make the journey from conviction to coffin.  Justice delayed is, indeed, justice denied too often.  Good.  Give this human cockroach his last meal and get him to shuffle off the mortal coil.  Good riddance to him.  As for the do-gooders, perhaps we can mount a class action suit to recoup some of the public funds which have been wasted by their efforts to pervert justice. 

  3. Connie
    June 29th, 2008 at 19:30
    Reply | Quote | #3

    I just finished the book Pure Blood and was horrified by what I read.  I immediately did an online search to see what the results of the appeal were.  I just couldn’t believe that we would afford an evil person like this a chance to live when he violate everything we hold so dear in this country - justice, children, life.  At long last the families will hopefully find some peace with this animals death.  It has been too many years and they deserve to have justice, not the animals who did this to them.  In the words of one of the fathers - "may they rot in hell."

  4. Dani
    August 6th, 2008 at 21:03
    Reply | Quote | #4

    I have known the Pena’s for many years there like family. They are the strongest people I know, I have no idea how they get through all of this. I’m so glad he is finally dead!! They all deserve nothing but plan, just like they did to Elizabeth and Jennifer. I hope they all  burn in Hell!!!

  5. Jason, Managing Editor
    August 6th, 2008 at 21:24
    Reply | Quote | #5

    There are many legitimate philosophical, religious, and practical reasons to oppose the death penalty.  This case uniquely raises problems with U.S. compliance with treaty commitments.  But given the horrific nature of the crime, it is difficult even for a supporter of international law and an opponent of the death penalty to express opposition to its use in this case.

    The debate should be had, but I will choose not to make it here. May God grant the perpetrators forgiveness, because we cannot.

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