Skip to main content

Medellin death penalty case exposes hollow Texas brand of gunslinger politics

Bryan McCann [Campaign to End the Death Penalty, Austin, TX Chapter]:

"Two years ago, a fellow anti-death penalty activist and I participated in a public debate on the University of Texas campus with the Young Conservatives of Texas (YCT). No one was surprised when the YCT's first plan of attack was to read - verbatim - a detailed account of the particularly gruesome gang rape and murder of Jennifer Ertman and Elizabeth Pena. Their strategy represents an all too familiar method of arguing in favor of the death penalty. Who would have the audacity to argue race, class, or international law when confronted with the ghastly killings of two beautiful teenage girls? Where there is mourning and outrage, there is often little room for analysis.

The death of those two girls in 1993 was no doubt a traumatic affair for their families and Houston community. But just as the YCT used the tragedy that befell Jennifer Ertman and Elizabeth Pena at our public debate to ignore fundamental structural problems with the death penalty, Texas Governor Rick Perry is using it, coupled with his usual brand of Lone Star ethos, to ignore international law. As courageous groups like Murder Victims' Families for Human Rights have long attested, such manipulation does little to ease the pain of devastated families.

If Texas gets its way, Jose Medellin will be the second of the five men sentenced to death for the Ertman and Pena murders to be executed. However, his pending execution date of August 5 has become a topic of considerable international controversy. Though Derrick O’Brien, who was executed in 2006 for the crimes, was a native of Texas,
Joe Medellin is a Mexican national. He was denied access to a Mexican consulate for legal assistance during his original trial. This flagrant affront to international law enshrined in the Vienna Convention on Consular Relations prompted the International Court of Justice to issue a 2004 order to stay Medellin's execution. This prompted none other than President Bush to issue a memorandum ordering Texas to halt the executions and review the convictions of the Mexican nationals, including Medellin, mentioned in the ICJ order. When George W. Bush, former Governor of Texas, is issuing orders to honor international law and halt executions, the stakes are clearly very high.

Yet, in March, the U.S. Supreme Court ruled that Bush had overstepped his boundaries and Texas may proceed with the execution of Medellin and other inmates forced to navigate Texas criminal law without consular advice. In response to a more recent order by the ICJ, Perry’s office responded with its typical frontier zeal:

The world court [ICJ] has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court. It is easy to get caught up in discussions of international law and justice and treaties. It's very important to remember that
these individuals are on death row for killing our citizens.

This is familiar language from Perry's office. When the European Union issued a declaration on the eve of Texas’400th execution since 1982, encouraging the state to place a moratorium on executions, the Office of the Governor replied:

230 years ago, our forefathers fought a war to throw off the yoke of a European monarch and gain the freedom of self-determination. Texans long ago decided that the death penalty is a just and appropriate punishment for the most horrible crimes committed against our citizens. While we respect our friends in Europe, welcome their investment in our state and appreciate their interest in our laws, Texans are doing just fine governing Texas.

"These individuals are on death row for killing our citizens." "Texans are doing just fine governing Texas." It seems the Lone Star State’s busy death row is nothing less than an homage to the spirit of American and Texas independence, international law be damned. Such populist appeals resonate all too well with what I believe to be one of the finest articulations of how capital punishment operates in American society. Legal scholar Austin Sarat writes, "State killing is part of a strategy of governance that makes us fearful and dependent on the illusion of state protection, that divides
rather than unites, that promises simple solutions to complex problems."

The death penalty in Texas and elsewhere requires simplicity. There is no need to get "caught up in discussions of international law and justice and treaties" when we can view the poisoning of convicted criminals as a testament to our rugged collective identity. As we quickly learned at our public debate two years ago, the death penalty cannot withstand the slightest amount of complexity. The closer one looks, the more unsightly this depraved institution becomes. Whether it be the risk of making Americans abroad more vulnerable to prosecution because of their government's disdain for international law or the well documented socio-economic disparities that permeate the nation's death rows, the complexities of capital punishment are ultimately its undoing. Thus, Rick Perry's usual brand of gunslinger politics – all too similar to that of his predecessor – is about much more than his own Texan roots. It is the lifeblood of a cruel and ineffective state sanction that allows him to convince ordinary Texans that he is on our side. When Texas ranks 37th in spending on public education, it is little surprise that Perry and his colleagues cling so dearly to this irreparably broken strategy of governance."

Comments

Most viewed (Last 7 days)

Taylor Parker becomes 7th woman on death row in Texas

Taylor Parker is set to become the 7th woman on death row in Texas, following her sentencing Wednesday in Bowie County for the capital murder of Reagan Hancock and the kidnapping her unborn baby, Braxlynn Sage. The baby did not survive. The last woman to be handed a death sentence in the state was Kimberly Cargill in June 2012 for the slaying of her developmentally disabled babysitter in Smith County, who was set to testify against her in a custody battle. None of the women currently on death row in Texas are scheduled for execution. According to the Texas Department of Criminal Justice, 6 women have been executed in Texas since the Supreme Court reinstated the death penalty in 1976, more than any other state, according to Death Penalty Information Center. The last woman to be executed in the U.S. was Lisa Montgomery in January 2021. It was the first execution of a female inmate carried out by the federal government since 1953, and her case is chillingly reminiscent of Parker’s. She wa...

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Texas House chairman wants child rapists eligible for death penalty

AUSTIN (Nexstar) — Under current Supreme Court precedent, states cannot execute someone for raping a child if the victim survives. That’s not stopping State Rep. Jeff Leach, R-McKinney. “We’re going to have a debate in this building behind me about the death penalty being on the table for any Texan who rapes a child,” Leach, the chair of the Texas House Committee on Judiciary & Civil Jurisprudence, said. Leach made the comments while hosting a news conference supporting his client, abuse survivor Cindy Clemishire.

Florida | DeSantis sets execution of man who killed Indian River deputy, temporarily pauses another execution

William Reaves is scheduled to be executed by lethal injection at Florida State Prison on Oct. 20th. It's the 18th death warrant Gov. DeSantis has signed this year. Reaves shot Deputy Sheriff Richard Raczkowski in September 23, 1986. Gov. Ron DeSantis signed his 18th death warrant of the year Friday. William Reaves, convicted of the 1986 killing of an Indian River County Sheriff's deputy, is set to be executed by lethal injection at Florida State Prison in Starke on Oct. 20.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Who Should Bear the Burden of Preventing Pain in US Executions?

A physician uses a cartoon lawsuit to question the burdens US execution law places on condemned prisoners. As a physician, I have spent a career on the far side of a fact pattern I did not choose. This is the moment when something prescribed or administered goes wrong inside a body that trusted it not to. I have seen that more than once. It would be more comfortable to cast myself as the one who gets hurt. It is more honest to say I am the supplier. The drug, the dose, the device, and the airway all enter the body through me. In the cartoon, I am not the coyote. I am Acme.

Alabama executes Jeffery Lee

MONTGOMERY, Ala. (WBMA) — Alabama has executed Jeffery Lee, nearly three decades after he was convicted in the 1998 killings of two people during a pawnshop robbery in rural Dallas County. Lee, 49, was put to death by lethal injection Thursday evening at William C. Holman Correctional Facility in Atmore. His execution came three months after a federal judge blocked Alabama's plans to execute him using nitrogen gas. He was pronounced dead at 6:22 p.m. Central Time, according to the office of Governor Kay Ivey. 

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months. 

Tennessee | Christa Pike Requests Clemency Ahead of September 30 Execution Date; Experts’ Amicus Brief Points to ​‘Substantial Risk’ of Re-traumatization

Lawyers for Christa Pike, the only woman on Tennessee’s death row, filed a 226-page clemen­cy peti­tion with Governor Bill Lee, ask­ing him to com­mute her death sen­tence to life in prison with­out the pos­si­bil­i­ty of parole ahead of her September 30 exe­cu­tion date. Ms. Pike’s clemen­cy peti­tion out­lines the case her team has built over decades of appeals: her actions at 18 years old can­not be sep­a­rat­ed from a child­hood marked by repeat­ed rape, sex­u­al abuse, and neglect that went unad­dressed by the adults and state sys­tems meant to pro­tect her. Once incar­cer­at­ed, Ms. Pike was diag­nosed with bipo­lar dis­or­der and post-trau­mat­ic stress disorder.

Israel | Ben Gvir discusses death penalty for Neveh Tzuf terrorist hours before Yom Kippur

National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the Neveh Tzuf terrorist during a security meeting with Prime Minister Benjamin Netanyahu. Two hours before the start of Yom Kippur on Sunday, National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the terrorist responsible for the attack in Neveh Tzuf during a security meeting with Prime Minister Benjamin Netanyahu. Netanyahu had reportedly convened the meeting in response to the security situation in the West Bank following the Sunday terror attack.