Two girls took a shortcut home to beat an 11:30 curfew. The case that followed reached the U.S. Supreme Court and the International Court of Justice at The Hague.
Elizabeth Peña, 16, and Jennifer Ertman, 14, were murdered in Houston, Texas, on June 24, 1993, after encountering a group of gang members while walking home along a railroad track. The case became one of the most significant in Texas legal history, ultimately reaching both the U.S. Supreme Court and the International Court of Justice.
A Shortcut Home
Peña and Ertman were close friends who attended Waltrip High School together. On the night of June 24, 1993, the two left a friend's party and took a shortcut through T.C. Jester Park along White Oak Bayou to make their 11:30 p.m. curfew. There, they encountered a group of teenagers and young men who had just finished a gang initiation ceremony and were drinking nearby.
What Happened
Given the extreme severity of what followed, we won't detail the specific circumstances here beyond confirming that the girls were assaulted by several members of the group, then killed to prevent them from identifying their attackers. Their bodies were found four days later in the park; due to decomposition, dental records were used to confirm their identities. The medical examiner determined the cause of death was strangulation.
Arrests and Confessions
All six young men believed responsible were identified and arrested after one member of the group's own family reported the crime to police. Jose Medellín gave both written and recorded confessions.
Sentencing
Peter Cantu, identified as the group's leader, along with Jose Medellín, Derrick Sean O'Brien, Efrain Perez, and Raul Omar Villarreal were sentenced to death. Venancio Medellín, Jose's 14-year-old brother, received a 40-year sentence for his role in the assault, given his age at the time. When the U.S. Supreme Court later barred the execution of offenders who were under 18 at the time of their crimes, Perez and Villarreal's sentences were automatically commuted to life in prison.
Executions
Derrick Sean O'Brien was executed by lethal injection on July 11, 2006. Peter Cantu was executed on August 17, 2010.
A Case That Reached the World Court
Jose Medellín's case became internationally significant after he argued Texas had violated his rights under the Vienna Convention on Consular Relations, an international treaty requiring authorities to notify detained foreign nationals of their right to contact their home country's consulate — in his case, Mexico. Mexico brought a claim on Medellín's behalf, along with 50 other Mexican nationals on death row nationwide, before the International Court of Justice, which ruled in 2004 that the U.S. had violated the treaty and that the affected cases needed to be reviewed. In Medellín v. Texas, decided in March 2008, the U.S. Supreme Court ruled that the ICJ's decision wasn't automatically enforceable as domestic law without further action from Congress, clearing the way for Texas to proceed with his execution despite the international ruling. The ICJ subsequently found the U.S. had violated its treaty obligations, but Texas executed Medellín on August 5, 2008, over the objections of Mexico, the ICJ, and dissenting U.S. Supreme Court justices.
Where Things Stand Now
Venancio Medellín remains incarcerated, having become eligible for parole in the years since his sentencing; the families of both victims have publicly opposed his release. Jennifer Ertman's father, Randy, became a prominent advocate for crime victims' rights until his death from cancer in 2014. The case also contributed to changes in Texas law allowing victims' families to witness executions.
Frequently Asked Questions
Were all those responsible for the murders convicted?
Yes. All six people involved were arrested and convicted; five received death sentences, and Venancio Medellín, then 14, received a 40-year sentence.
Why did this case reach the International Court of Justice?
Because Jose Medellín, a Mexican national, argued Texas had failed to inform him of his right to contact the Mexican consulate under the Vienna Convention, a claim the ICJ ultimately agreed with — though it didn't stop his execution.
Is anyone from the case still in prison?
Yes. Efrain Perez and Raul Villarreal are serving life sentences after their death sentences were commuted, and Venancio Medellín remains incarcerated.