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Execution date for teens'(Mexican) killer set for Aug. 5
Houston Chronicle ^ | May 6, 2008 | DALE LEZON

Posted on 05/06/2008 2:42:34 PM PDT by SwinneySwitch

Medellin's lawyer hopes to stop it, saying client didn't get to talk to consulate

A Houston man who was convicted of capital murder 14 years ago for the gang rapes and slayings of two teenage girls received a death date Monday after the U.S. Supreme Court cleared the way for his and other killers' executions.

Jose Medellin, 33, is set to die by injection on Aug. 5 for the 1993 murders of Jennifer Ertman, 14, and Elizabeth Peña, 16.

The girls were beaten, raped and killed after they happened upon a drunken midnight gang initiation rite in T.C. Jester Park in northwest Houston.

State District Judge Caprice Cosper set the date in a hearing Monday. Medellin was convicted and sentenced in 1994.

"I'm ready for this to be over," said Adolph Peña, Elizabeth's father."I know it takes a long time, but how much time do you need?"

However, Medellin's attorney, Sandra Babcock, said she expected to stop the execution, based on concerns about international justice agreements between the United States and other nations.

She said she will ask congressional leaders to put pressure on the government to adhere to the agreements, which include notifying the consulates of foreign nationals who are arrested. She said Medellin, who was born in Mexico but lived most of his life in Houston, was not given the opportunity to notify his consulate.

Mexico sued U.S.

A legal struggle over international law had kept Medellin's case on appeal to the Supreme Court. Mexico, which opposes the death penalty, sued the United States in 2003 in the International Court of Justice in The Hague on behalf of about 50 Mexican citizens, including Medellin, on death rows in the United States.

The Mexican government said U.S. officials violated the 1963 Vienna Convention when they failed to allow the citizens of another country access to its representatives after arrest. The World Court agreed and said the inmates deserved new hearings.

President Bush had said Texas should reconsider the Medellin case and others based on the Vienna Convention.

But the U.S. Supreme Court ruled in March that a memo by Bush instructing states to comply with the international court was not sufficient to require states to act.

A few days after he wrote the memo, Bush withdrew the United States from the part of an international treaty that gives the International Court of Justice final say in international disputes.

Supreme Court ruling

The Supreme Court removed another impediment to the execution of Medellin and others when it ruled in April on a Kentucky case that lethal injection is not cruel and unusual punishment.

Kentucky uses the same lethal three-drug cocktail that is used in 35 other states, including Texas. Defense attorneys argued that it violated inmates' constitutional rights.

Executions were halted in September when the high court agreed to hear the Kentucky case.

Five other reputed gang members were convicted in connection with the Ertman and Peña slayings.

Derrick Sean O'Brien was executed in 2006. Peter Anthony Cantu is on death row for the killings, but his execution date has not been set.

Raul Villarreal and Efrain Perez were sentenced to death but had their sentences commuted to life in prison in 2005 after the U.S. Supreme Court determined that it was cruel to execute those who were juveniles.

They were months away from turning 18 when the killings occurred.

Venacio Medellin, Jose Medellin's brother who was 14 at the time of the crime, testified against the others and is serving a 40-year sentence

dale.lezon@chron.com


TOPICS: Crime/Corruption; Mexico; News/Current Events; US: Texas
KEYWORDS: aliens; corruption; crimaliens; hangemhigh; immigrantlist; immigration; mexico
"Medellin's lawyer hopes to stop it, saying client didn't get to talk to consulate"

A Houston man, Dale? Maybe he forgot he was a Mexican too.

1 posted on 05/06/2008 2:42:35 PM PDT by SwinneySwitch
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To: SwinneySwitch

I’m hoping I can drive up to Huntsville and enyoy the evening on that day.

I remember hearing about the murders when they happened and this POS deserves to die.


2 posted on 05/06/2008 2:46:45 PM PDT by 2dogjoe (Have a Blessed Day)
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To: SwinneySwitch

God bless Texas for taking out the trash.


3 posted on 05/06/2008 2:48:34 PM PDT by dainbramaged (the Tree of Liberty needs watering)
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To: Be_Politically_Erect; acoulterfan; Ultimatum; Sterco; expatguy; Paige; Tennessee_Bob; cspackler; ...

Ping!

If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.


4 posted on 05/06/2008 2:48:50 PM PDT by SwinneySwitch (US Constitution Article 4 Section 4..shall protect each of them against Invasion...domestic Violence)
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To: SwinneySwitch

Jorge protecting illegals again.


5 posted on 05/06/2008 2:50:14 PM PDT by mtbopfuyn
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To: SwinneySwitch

Well dear lawyer, the victims didn’t get to talk to their families either. Life is so cruel to violent criminals. Boo hoo...


6 posted on 05/06/2008 2:50:39 PM PDT by DoughtyOne (Who opposes John McCain's leftist agenda? The RNC, Rep Congress members, the Democrats? Good luck!)
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To: SwinneySwitch

Once in a while even the Supremes get it right.
Fire up ol sparkey and get the line moving again, double time.
Some of this bilge trash has been waiting over twenty years.


7 posted on 05/06/2008 2:52:42 PM PDT by Joe Boucher (An enemy of Islam)
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To: mtbopfuyn
No fan of the current POTUS but many think he set this up as a “test case” to remove any vestige of supposed international sovereignty over U.S. state law.

If that was indeed the intended purpose the administration did everything exactly correct in order to establish this monumental decision that no International body has ANY jurisdiction inside the U.S.A. unless specifically ceded to them by a ratified treaty.

8 posted on 05/06/2008 2:55:19 PM PDT by allmendream (Life begins at the moment of contraception. ;))
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To: SwinneySwitch

Drop him off in Mexico. A short plane ride, don’t land, no parachute.


9 posted on 05/06/2008 2:57:55 PM PDT by CPOSharky (Vote demoncrat: Kiss goodby to your money, privacy, freedom, and guns.)
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To: SwinneySwitch

Adios, mofo.


10 posted on 05/06/2008 2:58:54 PM PDT by Tex Pete (Obama for Change: from our pockets, our piggy banks, and our couch cushions!)
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To: mtbopfuyn

I wonder if the victim’s families could sue the fed gov for not enforcing the immigration laws when their loved ones are murdered by illegals? Same for Americans killed in car crashes with illegals causing the crashes.


11 posted on 05/06/2008 2:59:10 PM PDT by dandiegirl
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To: SwinneySwitch
President Bush had said Texas should reconsider the Medellin case and others based on the Vienna Convention.

*sigh*
12 posted on 05/06/2008 3:01:47 PM PDT by F15Eagle (1 John 5:4-5, 4:15, John 11:25, 14:6, 1 Tim 2:5, John 3:17-18, John 20:31, 1 John 5:13, John 6:69)
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To: dandiegirl

I wonder if the victim’s families could sue the fed gov for not enforcing the immigration laws when their loved ones are murdered by illegals? Same for Americans killed in car crashes with illegals causing the crashes.

They could, but they would have to get permission to sue first.


13 posted on 05/06/2008 3:06:02 PM PDT by BradtotheBone
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To: F15Eagle

Dear President Bush.

Vienna SAUSAGE has more value to mankind than Medellin.


14 posted on 05/06/2008 3:09:14 PM PDT by Right Cal Gal (Abraham Lincoln would have let Berkeley leave the Union without a fight)
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To: SwinneySwitch
President Bush had said Texas should reconsider the Medellin case and others based on the Vienna Convention.

Bush is a major league asshole. For those feint of heart Bush supporters, Bush used these very words to Dick Cheney when pointing out Adam Clymer in an audience.

15 posted on 05/06/2008 3:11:14 PM PDT by LoneRangerMassachusetts
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To: SwinneySwitch
"A few days after he wrote the memo, Bush withdrew the United States from the part of an international treaty that gives the International Court of Justice final say in international disputes."

A president can withdraw the US from "part" of a treaty?

16 posted on 05/06/2008 3:20:20 PM PDT by My hearts in London - Everett (I'd rather be single than wish I was.)
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To: F15Eagle; mtbopfuyn; allmendream; dandiegirl; All

MURDER

Murder is forbidden by the Geneva Conventions, both in cases of internal conflicts (Convention I, Art. 3, Sec. 1A), wounded combatants (Convention I, Art. 12), civilians in occupied territories (Convention IV, Art. 32), civilians in international conflicts (Protocol I, Art. 75, Sec. 2Ai) and civilians in internal conflicts (Protocol II, Art. 4, Sec. 2A).

RAPE

Parties to a conflict must respect children, provide them with any care or aid they require, and protect them from any form of indecent assault (Protocol I, Art. 77, Sec. 1).

Female civilians in an occupied territory, internees and refugees must be protected against any attack on their honor, including rape, enforced prostitution, or any form of indecent assault. (Convention IV, Art. 27 and Protocol I, Art. 76, Sec. 1)

Outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault is prohibited at any time and in any place whatsoever, whether committed by civilians or military personnel. (Protocol I, Art. 75)

These protections also apply in cases of internal conflict. (Protocol II, Art. 4, Sec. 2e)

TORTURE

Torture is forbidden by the Geneva Conventions, both in cases of internal conflicts (Convention I, Art. 3, Sec. 1A), wounded combatants (Convention I, Art. 12), civilians in occupied territories (Convention IV, Art. 32), civilians in international conflicts (Protocol I, Art. 75, Sec. 2Ai) and civilians in internal conflicts (Protocol II, Art. 4, Sec. 2A).

http://www.genevaconventions.org/


17 posted on 05/06/2008 3:50:14 PM PDT by SwinneySwitch (US Constitution Article 4 Section 4..shall protect each of them against Invasion...domestic Violence)
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Comment #18 Removed by Moderator

To: SwinneySwitch

After this PoS meets up with the Texas executioner and our law is carried out then contact the Mexican consulate so they can come and claim Mr Jose Medellins body, fair enough?!


19 posted on 05/06/2008 4:42:17 PM PDT by Ron H.
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To: SwinneySwitch
For crimes like this (any murder involving torture or rape), I wish they would reinstate the concept of outlaw, the removal of a person's legal rights as a human being, and then hand them over to the family or anyone else who wants to take a shot at them.
20 posted on 05/06/2008 4:48:55 PM PDT by Question_Assumptions
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To: SwinneySwitch

I have followed this case for a long time. I will be toasting his death August 5th. Not that I know him or that he killed anyone I know, but that American justice will be meted out on this guy who almost slipped out of it due to pleas to the UN by Mexico at the very last minute.


21 posted on 05/06/2008 5:36:08 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Question_Assumptions

See ‘domestic terrorist’. It’s a step that way. Unfortunately they can unfairly label someone that.


22 posted on 05/06/2008 5:37:57 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: SwinneySwitch

Bring back Old Sparky.

This humane “lethal injection” is such b.s.

I like the idea of 50,000 volts of high amperage electricity taking out a heinous killer, with the world, watching for a deserved object lesson.

Smoke and flames erupting from their skulls, horrible twitching, nothing less for cold blooded killers.

As for Mr. Medellin, the sooner the better.


23 posted on 05/06/2008 8:08:18 PM PDT by BabaOreally
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


24 posted on 05/07/2008 8:41:33 AM PDT by gubamyster
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To: SwinneySwitch

bump


25 posted on 05/07/2008 8:45:07 AM PDT by VOA
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To: Tex Pete
Anyone know how to say “mofo” in Mexican?
26 posted on 05/07/2008 9:58:19 AM PDT by HenpeckedCon (Deport them all... Let God sort them out!)
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To: BabaOreally
I'd rather not wasted drugs OR electricity. Nothing has quite the drama and deterrence of this:


27 posted on 05/07/2008 2:16:04 PM PDT by Vigilanteman ((Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud))
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To: SwinneySwitch
However, Medellin's attorney, Sandra Babcock, said she expected to stop the execution, based on concerns about international justice agreements between the United States and other nations.

Screw that. If "other nations'" people commit capital crimes on our soil, they will face the justice of our soil.

If you don't want 'em executed, then keep them at home in your own nation where they belong.

28 posted on 05/07/2008 2:21:49 PM PDT by Allegra (Tehran delenda est)
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To: Vigilanteman

bump. . .

Come on folks . . .

Sparky or the Noose?

Let’s have your vote!


29 posted on 05/07/2008 3:23:49 PM PDT by BabaOreally
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