KHOU-TV is reporting that murderer Jose Medellin is still alive pending yet another Supreme Court review.
The scheduled execution of Jose Medellin in Texas is on hold while the U.S. Supreme Court considers an appeal in his case. The death warrant, which allowed the lethal injection to be carried out after 6 p.m., remains in effect until midnight.
Unbelievable.
Tuesday, August 05, 2008 UPDATE @ 7:40 PM EDT by Texpat
SCOTUS blog published the following:
The scheduled time for execution of Jose Ernesto Medellin in Texas came and went Tuesday evening, with prison officials indicating they were awaiting word from the Supreme Court before proceeding, according to news accounts in Texas. The death warrant remains in effect until midnight, it is understood.
———–
In what may be the last round of legal arguments on Texas’ scheduled execution at 7 p.m. Tuesday of Jose Ernesto Medellin, attorneys for the Mexican national told the Supreme Court that if he is put to death, “the world will have every reason to question” the U.S. government’s commitment to treaty obligations in general. A reply brief, filed Monday evening, is here, and a new appendix is here.
Seeking to keep the Court’s attention focused on the international aspects of the case, in contrast to Texas’ emphasis on its sovereign power to enforce its criminal laws, Medellin’s counsel said the execution would run counter to the design of the Constitution itself — a design his lawyers said was reaffirmed by the Supreme Court in its most recent ruling in Medellin v. Texas on March 25.
That ruling, the reply brief said, settled the legal fact that the U.S. government has “an international obligation” to provide a new review of whether Medellin’s treaty rights were violated during his prosecutor for a gang rape and murder in 1993. The President, the brief added, has reinforced that obligation. And Congress, the branch that the Supreme Court said must act to enforce Medellin’s treaty rights, “has now begun to take steps to comply.”
In the face of all that, the brief said, “Texas is about to execute Mr. Medellin anyway, taking the decision out of Congress’ hands and placing the United States irrevocably in breach. That course of affairs is fundamentally inconsistent with the holding and rationale of this Court’s decision in Medellin v. Texas.”
Since Texas’ pardon board on Monday refused to provide any legal relief, Texas’ governor only has authority to delay the execution another 30 days, Texas’ highest criminal court has said it may not block the execution, “the decision to breach the treaty has effectively been made by the District Attorney of Harris County, Texas, who, with the approval of a state trial-court judge, set an execution date at the earliest point allowed under Texas law,” the brief asserted.
That is not where the question over observing treaty rights should be left, it concluded.
In the course of the reply brief, Medellin’s attorneys specified that they were asking the Supreme Court to put the execution on hold “for a period of one year to allow Congress an opportunity to enact implementing legislation” to carry out U.S. obligations under the treaty involved — the Vienna Convention on Consular Relations.
Medellin’s final challenge is before Justice Antonin Scalia, as Circuit Justice for the area that includes Texas. He has authority to take action on his own, but it seems likely that the decision will be shared with his eight colleagues.
UPDATE: From the SCOTUS Blog at 9:20 pm CDT:
Splitting 5-4, the Supreme Court refused Tuesday night to delay the execution in Texas of Mexican national Jose Ernesto Medellin. The majority’s unsigned opinion, and dissents by each of the other four Justices, can be read here.
UPDATE by Texpat @ 10:27 PM CDT
Associated Press
HUNTSVILLE, Texas— Texas has executed Mexican-born condemned prisoner Jose Medellin for the rape and murder of two teenage girls 15 years ago.
The state carried out the execution late Tuesday night after the U.S. Supreme Court rejected his request for a reprieve in a 5-4 split vote.
The 33-year-old Medellin had claimed he was denied treaty-guaranteed help from the Mexican consulate when he was arrested.
KHOU - TV
Elizabeth Pena and Jennifer Ertman were killed in 1993.
Texas authorities say he never invoked his consular rights until four years after he was arrested. By then, he had been convicted and condemned for participating in the attack on 16-year-old Elizabeth Pena and 14-year-old Jennifer Ertman.
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63 Responses to “Travesty in the making? Jose Medellin Still Breathing!”Search
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I REALLY hope the nine guys in robes (and gals), let this one go and let this guy FINALLY get the punishment he so richly deserves.
I don’t understand. This guy rapes and murders 2 young girls and we are WORRIED about HIS rights. That’s BS!! He lost his human rights when he stole 2 others’ rights. However, I don’t feel the death is justice for him. I say we let him get raped for an hour each day for the rest of his life…. oh, he just might like that, wouldn’t he? How much more brutal does someone have to be to get justice? He broke a belt on one of the girls’ neck.
KILL THIS GUY ALREADY!
The poor Eartman and Pena families. Our so called justice system has put them through an emotional rollercoaster. I hope Texas will stand strong and put the needle in his arm.
UN-DAYAAM believable! This piece of excrement is STILL wasting OUR Air?!?!
BEAM ME UP SCOTTY!!!! What Country is this anyway?! NOT the U.S of A that I raised in.
It all depends on how “global” the Justices are feeling - whether they want to enforce American law or succumb to International law.
If Senator Obama had his way he’d give a Presidential pardon to this guy and all the other non-Americans on death row.
http://wheresyourbrain.blogspot.com/
Gov. Perry, please call SCOTUS and remind them that they should not keep God waiting. He has a meeting scheduled for this POS.
It will take 2 flushes to get rid of this guy before we can finally lower the lid.
Is this a great country or what?? That “LOSER” Jose Medellin sneaks into this country, acts like an American citizen all this time but just before he is about to die suddenly realizes he’s still a legal ciitizen of Mexico and therefore has certain rights. He knows he is an admitted and convicted killer but still thinks he deserves to live. That’s something those two teenagers didn’t get to do. Just put him back into the prison population and let his “peers” enact justice on that child killer. The only good thing, which may turn out bad, is the fact that he suffered knowing that he almost got executed tonight.
its called “the rule of law” in this country and some don’t want to admit its been compromised. Where illegal drug smugglers get immunity…border agents get indicted……and SCOTUS holds its finger in the air and decides Jose gets another stay…
It’s time for Texas to give everybody else the finger and give us justice tonight!
Wasn’t it argued at LST that the reason Bush brought the Medellin case before the Supreme Court *the first time* was to settle the case as well as all future treay cases for decades to come?
AArrrrrrrg! If an American citizen did this crime in another country, I’d expect said country to follow said country’s laws. Whether it be by firing squad, hanging, beheading, flogging, etc.
This guy had a fair trial, (more than any OTHER country would give) appeals, etc. etc…Carry out the sentence and give the victim’s family closure. This is the United States of America. Not the World Court Order. (yet)
Sorry, I’m confused. Who is/are the victim(s)? My only comfort is that Medellin is sweating right now while waiting on the verdict from SCOTUS.
#11 Darren10: Yeppers.
Nice try, JBB, but this has nothing to do with Ramos and Compean. The rule of law in this country has not been “compromised”.
While I find it odd that I am actually rooting for this murderer to be executed tonight, in no way, shape or form does it mean that our justice system has fallen apart if he is not.
It simply reinforces the fact that the United States of America has the best justice system in the world. Even if I don’t like it.
But, as Yogi would say, it ain’t over ’til it’s over.
I’m really tired of half the world condoning the death of our citizens. Anyone care to guess what would happen to an imprisoned US citizen who killed young girls in a foreign country ? I’m sure the US Citizen would wind up shanked and no one would be raising a ruckus on the US citizen’s behalf; however; this POS sneaks into this country with his family and they have full intent of living like citizens, but now with a death sentence about to be carried out on himself he’s going “Oh no! I’m Mexican I don’t belong here!” I hope the USSCT realize that the judgment that is being implemented is not that of man. The State of Texas is but the “travel agent” sending this piece of scum to face his real judgment before GOD.
Mr. Justice Scalia, do the right thing, please.
I’ve had a bad feeling about this all day; there’s not much time left before he gets at least another 30 days.
I have a question, who are the “SELF DELETED,SELF DELETED, SELF DELETED,SELF DELETED, SELF DELETED,SELF DELETED, A$$ WIPES THAT ARE DEFENDING THIS PIECE OF EXCREMENT?!?! They’ll ROAST in HELL for this!!
BTW; The RANT was GREAT! I Saved HAL the trouble. I got it from a RedNeck from Palacios TX!
Oh, I typed it out, previewed it, then said, nope, better not! It did me good to type it out though!;=)
It’s gonna happen, Super Dave. See the update.
SCOTUS DENIES THE APPEAL! IT’S TIME!
BJ - way to stay on top of this. I’m not surprised it was 5-4, but I thought it would go the other way.
This is for you, Darren10:
Texas shoulda executed at least 25 people by now, this year. Because of GWB and the World Court and SCOTUS, we’ve had what? 3? 5, this year?
My CD is dusty. Am I able to dust it off? /it’s, Another One Bites the Dust
Let’s all sing:
Look out Jose here it comes
It’s the needle for you bum!
By the way, I’ve done some web searches. I don’t see where the ICJ - ICC treaty was ever ratified by congress. Does anybody have anything definitive on this?
ST, see my #138 on the OC thread. They have 5 more scheduled this month, 4 next month, two in October and three in November. They give them a month break for December, then start again in January.
Lately I find myself in agreement with Big45 on the death penalty appeals process. If you’re going to have a death penatly, having a long process is the way to go. While in this case there was no doubt of his guilt, there are others where doubt exists. For those that want to see suffering (and I admit I’m in line with bigjolly in Medellin’s case) imagine the mental torture this scumbag has gone through as he’s watched appeal after appeal drift away. Clearly its nothing like his victims suffered but it is certainly more tortuous than going to sleep. It’s been a long road but we are a better country because of the process and Texas will be a better place when he’s gone.
Let the whacking begin!
BigJ’s ant pile does have a certain appeal. I have an enhancement for the ant pile though. He would have to be looking at pictures of Janet Reno, Helen Thomas, and Cindy Sheehan while the ants do their work. Pics of those three would be the last thing he’d see on this earth. But then again, I always was a romantic.
Well, it’s 5 PM here. Time to go home. Maybe by the time I’ll get there there’ll be one less monster on this earth.
Big45: WHAAAT? 3 hispanics, 6 whities, (count ‘em SIX) and 7 blacks? Sorry, but those stats don’t meet the statics of the media. White folks should be at the bottom. And where is the ACLU for the whities? Where is the World Court?
In other words for those who are not accustomed to reading SCOTUS rulings, the majority of the judges do not believe there is a reasonable chance legislative bodies will change the law to significantly affect Medellin’s status and they have made no move to do so in the last four years. Furthermore, the President of the United States, through the Department of Justice refused to intervene in the case and, as Justice Scalia notes, the executive branch (read as President Bush) has never made the case Jose Medellin, in particular and specifically, was denied his due process rights due to his lack of consular access.
Link is here.
Would anybody have been surprised if Kennedy had voted for a stay knowing how much he loves international law? Then it would be 5 to 4 for a stay and a continuation of this nonsense.
It’s over
Let’s move the nation’s capital to Texas - they seem to be the only state that knows how to protect Americans!
Executed Mexican-born condemned prisoner Jose Medellin for the rape and murder of two teenage girls 15 years ago - too bad the liberalized “justice” system let IT live so long - longer than the age of at least one of his victims.
http://wheresyourbrain.blogspot.com/
All I can say now is WHO’S NEXT?
#31 Dave5
Perhaps, but how would AMK rectify that vote with his previous ones related to Medellin ?
Let’s move the nation’s capital to Texas - they seem to be the only state that knows how to protect Americans!
Executed Mexican-born condemned prisoner Jose Medellin for the rape and murder of two teenage girls 15 years ago - too bad the liberalized “justice” system let IT live so long - longer than the age of at least one of his victims.
wheresyourbrain.blogspot.com/
All I can say now is WHO’S NEXT?
SATAN himself just phoned me.
Assured me Medellin made it home safely.
Said for everyone to remember him every time they flush.
According to the Channel 2 reporter witnessing his execution, in the end, he looked directly at the Ertman and Pena families, apologized, and hoped that this would bring them closure.
I really hate that word. Nothing will ever bring true closure to these families until they are in the arms of God. But maybe, just maybe, he accepted responsibility in the end.
Sorry, but the turd was flushed. Over and done with. POOF, be gone. I’m waiting for the next turd to be flushed. I hope the next time, it’s not constipated.
HAL: Have I told you lately that I love you? /throwing you a meaty bone Good boy!
#36 hamous
Amen, brother, amen. Closure is a utopian fantasy of the Therapist Nation.
Thank GOD! BUTT remember the SCOTUS was 5-4!!!!! 5-4???!!! Four of the Justices have, NEVER, EVER, read the “Constitution”! Just decided it was OUTDATED?!
At the risk of sounding like a broken record, yet another glaring example of why Barry Obama CANNOT be elected president.
#41 Super Dave
The problem is not that they have not read the Constitution, those Justices have read it. The problem is in their distortion of the principles it contains and the deliberate and concerted effort on their part to reinvent the document into something unrecognizable to its original authors.
#42 August 5th, 2008 10:49, HamBone says;
AMEN, NUF SAID!
Breyer wrote that to permit the execution would place the United States “irremediably in violation of international law and breaks our treaty promises.”
Goody Goody Gum Drops.
Equity and justice delivered, Texas law upheld. Peace and solace be upon the Ertman and Pena families.
Closure is a psychobabble figment dreamed up by those who cannot fathom what kin of victims experience (nevermind the victim), don’t really want to try because it’s too disturbing, and need to file it somewhere to relieve their discomfort.
I’m glad that the little piece of feces is now explaining his misdeeds to God. I hope he stands as an example that “But I’m Mexican” is not an excuse for irresponsibility or bad behaviour.
#47 Sirrus Rider: Yeppers. Commit haneous crimes in Texas, you git executed. Do it in Cal-i-for-N..I..A, we’ll let ya slide.
Glad Texas still has common sense. Rick Perrry, I don’t like you much, but give you kuddos, once again. (and am sending you a fax to compliment you) As well as SCOTUS. Keep in mind, that I still ain’t your biggest fan either. And I’m watchin’ you…..
Por fin!
BigJolly#21;
Yup. the DOJ done good onthis one.
It’s also absolutely no surprise to me those judges who sided contrary to Justice Scalia’s opinion. Ginsburg inparticular pretty much said she’d do exactly what the International courtCsaid and so so before them. That’s impeachable IMHO. I hope her dissenting opinion are not used to justify future cases.
Did anybody determine if Congress ever ratified that treaty? I looked and could not find where they did.
Big - Apparently it was ratified but President Bush withdrew in 2005 from the part of the treaty that allows the world court final say in death penalty cases because countries opposed to capital punishment were increasingly using it to try and stop executions here. The rest of the treaty remains, including the requirement to notify foreign nationals of their right to contact their embassy.
I’m certainly no legal expert but it seems to me that this worm was granted the right to speak to his home country diplomat. Clearly he and his diplomat were given ample opportunity to argue their case in court during our (almost) endless appeals process. Seems to me all treaty obligations were met.
Texas did good on this one. Lights out
It’s about time that the tide of internationalism be stopped. The people of this republic are SOVEREIGN; lest it be forgotten. Let’s hope that the next time a thug decides to abuse and murder an innocent party, that said thug, thinks of this case and relents. Well done Gov. Perry.
#51 Big45Iron
Yes, here is one quote from the courts on the history of the Treaty.
Quoting the Court from their opinion issued on the writ of habeas corpus filed by Jose Medellin in the Texas Court of Criminal Appeals.
There’s only one problem, he didn’t let anyone know he was a Mexican citizen until 4 years after his trial so that’s HIS tough luck.
Good riddance! Let this be an example to other Mexicans that come here to kill our citizens.
One less piece of trash for us to support. Mexico does not even have a say in this and some world court trying to tell Texas how to treat a murdering piece of trash is bull.
Let all immigrants and citizens beware - you come here and kill someone - YOU TOO WILL DIE
How misleading is this title from the Dallas Morning News (blog) website:
Didn’t they just fail to inform him immediately upon arrest that he had the right to contact them? I don’t remember ever seeing anything about Medellin requesting to speak with the consulate and then being denied access.
I sure hope this opens the door for many more executions of foreigners who kill our citizens. They should be executed just as any other citizen that is responsible for such crimes. It’s a big releif to see this justice served!
#59;
Despite the Supreme courty ruling. i recognize no Constitutional rights for illegals who enter. I support a policy procedure that would grant whatever rights to all foreigners who enter illegally, but not a blanket declaration that they have ALL Constitutional rights. And any illegal up for murder charge should be awarded an automatic death sentence.
Raiderdav- He didn’t bring up the fact he was Mexican until 4 years after the trial.
It is also my understanding, and I’ll stand corrected if need be, but Medellin was considered by everyone to be an American citizen. He did not bring up the fact he was technically an alien until, as 1USA1 points out, much later. I believe he had come to the US as a very small child or infant.
62 - Medellin had an extremely weak case by any measure. The fact that 4 SCOTUS justices believed otherwise is cause for grave concern on my part.
By the way, where are the guys who think that we railroad LEO’s at the expense of criminals now?