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Father of Murdered Girl Questions Bush's Support to Halt Killer's Execution
FOX News ^ | October 10, 2007 | Melissa Underwood

Posted on 10/11/2007 12:37:58 PM PDT by yorkie

The father of a 14-year-old Texas girl who was raped, sodomized and then strangled with a belt and shoe laces, wants to know why President Bush supports halting the execution of the Mexican national who confessed to killing his daughter and her friend.

"Our daughters are just pawns in a game that we have no control over," Randy Ertman, father of Jennifer Ertman, told FOX News. "What can I say to the president of the United States or the Supreme Court that would make any difference?"

Jennifer Ertman, 14, and her classmate, Elizabeth Pena, 16, were brutally raped and killed in 1993 after stumbling upon a gang. Jose "Joe" Ernesto Medellin, who was born in Mexico but spent much of his childhood in Texas, confessed to the killings and was sentenced to death. But 14 years later, Medellin still sits in a Texas prison cell as the White House argues that his conviction was flawed because Houston police failed to tell him of his right to seek help from the Mexican consulate.

Medellin's right to seek legal advice from Mexican diplomats is protected by the 1963 Vienna Convention, an international treaty that President Bush must follow under the U.S. Constitution, said Susan Gzesh, director of the human rights program at the University of Chicago.

A Father's Plea "If the U.S. is going to disobey the obligations we've undertaken under the Vienna Convention, then other countries could retaliate," Gzesh said. "Bush is following the treaty."

The Supreme Court heard an oral argument Wednesday in the case of Medellin v. Texas, where the State of Texas presented arguments to counter those from the Bush administration and Medellin's attorney asked the court to set aside Medellin's conviction and death sentence and grant him a new hearing.

(Excerpt) Read more at foxnews.com ...


TOPICS: News/Current Events; US: Texas
KEYWORDS: aliens; crimaliens; hispandering; immigrantlist; immigration
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From the article:

"The big battle is going to be over whether or not Bush's memo requires state courts to apply the rules of the treaty," said Michael Rushford, a spokesman of Criminal Justice Legal Foundation.

Click here to read the amicus brief.

Kent Scheidegger, the foundation's legal director, said regardless of the International Court's decision, Texas could legally proceed with the execution. The case, he said, needs to be over and Medellin's death sentence carried out.

"If Texas courts are required to follow international law, they can still go ahead with execution," said Scheidegger.

1 posted on 10/11/2007 12:38:02 PM PDT by yorkie
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To: yorkie

Who gave Mexico the right to dictate to the US? Oh, yeah, 30 million illegals.


2 posted on 10/11/2007 12:41:50 PM PDT by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: yorkie

Are they going to just let him go?

If so, I suggest in a locked room with Bush’s daughters and no SS agents. If Bush thinks this guy is safe to walk among us, then his daughters are not in any harms way.


3 posted on 10/11/2007 12:43:58 PM PDT by GovernmentIsTheProblem (The GOP is "Whig"ing out.)
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To: mtbopfuyn
FTA: the 1963 Vienna Convention, of which the United States is a signatory, and the International Court of Justice found that the rights of Medellin, and 50 other Mexican-born U.S. inmates, were violated because they weren't informed of this right at the time their cases were being prosecuted.
4 posted on 10/11/2007 12:45:27 PM PDT by yorkie
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To: yorkie

jorge w bush; the best president mexico has ever had.


5 posted on 10/11/2007 12:46:10 PM PDT by South40 (Amnesty for ILLEGALS is a slap in the face to the USBP!)
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To: yorkie

Yet another example of GW leaving the reservation in the name of globalism and re-enforces what I have said that had he started these policy changes in his first term he may not have won re-nomination and surely re-election, but don’t call me Shirley.


6 posted on 10/11/2007 12:49:19 PM PDT by Resolute Conservative
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To: yorkie

ping for later


7 posted on 10/11/2007 12:51:25 PM PDT by DakotaRed (Liberals don't rattle sabers, they wave white flags)
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To: yorkie

Dang! Execute the murderer. Let justice be done.


8 posted on 10/11/2007 12:51:46 PM PDT by lilylangtree (Veni, Vidi, Vici)
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To: yorkie

Ping...I need to find out more about this case...


9 posted on 10/11/2007 12:54:21 PM PDT by rlmorel (Liberals: If the Truth would help them, they would use it.)
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To: yorkie

OK fine..........have another trial. Let this slime contact the Mexican authorities. Set up another trial, same judge, same jury. Tell the jury that they have already heard all the evidence.....”What say you?” Execute the guy after he had his last meal...........within 24 hours.


10 posted on 10/11/2007 12:55:42 PM PDT by RC2
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To: yorkie

Napolitano to argue before World Court in death penalty case (AZ)
Published: November 6, 2000

TUCSON - More than a year after Arizona executed two German brothers, state officials are going to the World Court for an international battle over the death penalty.

Germany asked the U.N. court for compensation in the case of Walter and Karl LaGrand, whose executions touched off complaints across Germany, and is asking for a guarantee that the United States will abide by international law in future cases.

Arizona authorities acknowledged they violated international conventions but said state laws took precedence and that the brothers were given the same rights as U.S. citizens.

(snip)

http://www.FreeRepublic.com/forum/a3a080c5c05a2.htm


11 posted on 10/11/2007 12:57:23 PM PDT by donna (Coming soon from Homeland Security: PEACEUL ASSEMBLY IS DANGEROUS TO YOUR HEALTH!)
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To: yorkie

Anything Bush says on this subject is very likely based on counsel from the Attorney General. It is he who is the lawyer, not Bush.


12 posted on 10/11/2007 12:59:30 PM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: yorkie

They’re saying we must protect the “rights” of criminals from Mexico imprisoned and sentenced here to ensure the same “rights” for American-born criminals in Mexico, but that is rubbish.... It’s just an excuse!!

Americans do NOT have the protection of this country once they step outside of our borders. You had better follow the laws of the country you visit or you will be subject to their justice system. In fact, even if you do follow their laws, you will be subject to their whims. Embassies themselves are not safe, and not guaranteed to help you.

Does no one want to address the fact that this monster committed a heinous crime and must PAY for it? I don’t care if he is from the planet Pluto. He brutally tortured and murdered two AMERICAN girls. We should not “make deals” in this regard. If we “don’t negotiate with terrorists” then why negotiate re criminal invaders?

This is more of the attitude that the Mexican invaders of the U.S. have special rights and preferential treatment.

Claiming the “international court” point of view has ANY jurisdiction is just a stinking pile of rubbish! It’s just another way of eroding sovereignty to establish “international law” and make “treaties” that allow trade-offs re criminals. So (blank, blank) what if Mexico does not have a death penalty?

TEXAS DOES!!! Ping me when Medellin fries... thanks!!


13 posted on 10/11/2007 12:59:46 PM PDT by La Enchiladita (Where were you when the world stopped turning...)
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To: yorkie

This guy would have been dead a long time ago if justice really prevailed.


14 posted on 10/11/2007 1:00:06 PM PDT by vpintheak (Like a muddied spring or a polluted well is a righteous man who gives way to the wicked. Prov. 25:26)
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To: yorkie

Thursday, 28 June, 2001, 00:56 GMT 01:56 UK
US ‘will comply’ with World Court

The court criticised the US

The United States has accepted it was wrong not to respect the international legal rights of two German-born brothers executed for murder in Arizona.
The State Department in Washington was responding to a judgement on Wednesday by the World Court that US officials had violated the 1963 Vienna Convention.

Under the terms of the convention, Washington should have informed German consular officials of the arrest and conviction of the brothers.

Germany said the lack of consular representation might have cost the brothers their lives.

The US did not deny having violated the convention, but said the brothers had received a fair trial and 15 years of appeals.

The State Department promised that it would comply with the convention in the future.

(snip)
http://news.bbc.co.uk/1/hi/world/americas/1411071.stm


15 posted on 10/11/2007 1:00:18 PM PDT by donna (Coming soon from Homeland Security: PEACEUL ASSEMBLY IS DANGEROUS TO YOUR HEALTH!)
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To: yorkie

Can any lawyer explain to us how President Bush can take away states rights based on a UN decision?

Are the states going to just cave in?


16 posted on 10/11/2007 1:02:56 PM PDT by donna (Coming soon from Homeland Security: PEACEUL ASSEMBLY IS DANGEROUS TO YOUR HEALTH!)
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To: South40

This is just... unimaginable.

Has Bush read a description of these crimes? WTF could possibly be going on in what serves as his brain?


17 posted on 10/11/2007 1:03:20 PM PDT by Pravious
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To: All
SCOTUS - How to say 'no' to the president. Very interesting read for those who might be interested:

SCOTUS Blog

18 posted on 10/11/2007 1:04:38 PM PDT by yorkie
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To: rlmorel; yorkie

“I need to find out more about this case...”

Something stinks to high heaven. This case is 14 years old...at what point since his sentencing did Medellin find out about this and by whom? Does the following mean that his court appointed attorney brought it to his attention after his sentencing and he’s been fighting it all along, or, did he find out about it since his sentencing (recently) and again, who brought it to his attention and is assisting him...another ‘court appointed’ attorney. I doubt it.

Medellin used a court-appointed attorney throughout his case but did not become aware of his right, as a Mexican national, to seek help from the Mexican consulate until after he was sentenced to death.


19 posted on 10/11/2007 1:06:20 PM PDT by Kimberly GG (Support Duncan Hunter in YOUR State....http://duncanhunter.meetup.com/1/)
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To: yorkie

GWB has turned out sorrier than his father, who was bad in his own right. Read my lips.


20 posted on 10/11/2007 1:06:22 PM PDT by Joe Bfstplk (What you said is exactly what you intended to say.)
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