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High Court Hears Ertman, Pena Murder Appeal

By Rachel McNeill

POSTED: 5:19 pm CDT October 10, 2007
UPDATED: 5:47 pm CDT October 10, 2007

One of the most notorious murder cases in Houston's history played out in the nation's highest court, KPRC Local 2 reported Wednesday.

The U.S. Supreme Court will make a life-or-death decision about a murderer convicted of killing two teenage girls in 1993 in the case Medellin Vs. Texas. The case has pitted President George W. Bush against his home state.

It only took a Harris County jury 14 minutes to find Jose Medellin guilty of the gang-rape and murders of Jennifer Ertman and Elizabeth Pena.

Fourteen years later, his date with death rests in the hands of the U.S. Supreme Court.

In a phone interview, Ertman's father, Randy, said he's lost respect for Bush.

"I would hope that the Supreme Court decides that the president's an idiot and forget about it. Let's get Medellin executed and let's get on with our lives," he said.

Bush has asked that Medellin and 50 other Mexican-born prisoners on Death Row be granted new hearings because upon arrest, they were not advised of their right to legal advice from Mexican diplomats -- a violation of the 1963 Vienna convention.

"The president's not particularly interested in the rights of these individuals under this international agreement. What he's really interested in is being able to say, 'I am the president. I have this interpretation of this treaty and you have to follow it because I said so,'" said Adam Gershowitz, an assistant professor of law at the South Texas College of Law.

U.S. Rep. Ted Poe heard the arguments before the high court, and believes siding with the president could potentially affect thousands of cases involving foreign nationals.

"It'll also make a decision as to whether the executive branch of the government can unilaterally go in based on the decision from a foreign court, go into a state court and say to that state judicial branch, you have to do something," Poe said.

Randy Ertman said he is mentally prepared to go back to court.

"Let's go have a new trial and put him on death row again. If the taxpayers want to pay for it, fine by me," Ertman said.

The Supreme Court justices had only allotted an hour to hear the case, but the arguments lasted nearly 90 minutes.

Legal scholars predict it will be a close decision that will rest on the all-important swing votes.

The Supreme Court is expected to hand down its decision by next summer.


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