We have in these pages actually already encountered one of Ertman and Pena’s slayers in these pages: Jose Medellin, who was executed in 2008. That case was notable for the litigation resulting from Texas’s failure to comply with the Vienna Convention by notifying the Mexican consulate of Medellin’s arrest — and the Medellin post focuses on that issue. This post turns instead to the crime itself.
On June 24, 1993, Ertman and Pena — 14- and 16-year-old Waltrip High School students desperate to beat curfew — took a late-night shortcut along a railroad skirting the White Oak Bayou.
At a railroad trestle in T.C. Jester Park, just moments from home, they encountered our man Derrick O’Brien, Jose Medellin, and four other young men toasting a gang initiation. The six fell on the vulnerable girls and raped both, then strangled them with shoelaces.
Even for a city as large as Houston, it was a shattering crime that still haunts the lost girls’ friends and neighbors.
Memorial to Ertman and Pena in T.C. Jester Park. (cc) image by Pepper Hastings.
Politically, it thrust gangs to the front of the agenda for Houston pols. The girls’ kin* also fought successfully to adjust Texas Department of Criminal Justice procedure in order to permit victims’ family members to witness executions, an innovation that is now widely used throughout the U.S.
O’Brien, barely 18 when he took part in the murder, turned up in the crowd gawking at the crime scene when it was first discovered, and some video footage chances to catch him smiling and laughing. He would eventually be the first person put to death for the Ertman-Pena murder.
It also became a lusty early adopter of the emerging beheading-video genre: an ancient penalty perfectly adapted for the digital age.
This ferocious group was a severe mismatch for Berg, a Pennsylvanian freelance radio tower repairman (and pertinently, a Jew) who set up his Prometheus Methods Tower Service in the northern city of Mosul* in the months following the 2003 U.S. invasion. This was also around the time that American occupation forces’ abuse of Iraqi prisoners at Abu Ghraib came to light — a powerful excuse for blood vengeance.
Berg vanished from Baghdad in April 2004, and was not seen in public again until the whole world saw him: the unwilling feature of a May 11 video titled Sheik Abu Musab al-Zarqawi slaughters an American infidel with his hands and promises Bush more.
“We tell you that the dignity of the Muslim men and women in Abu Ghraib and others is not redeemed except by blood and souls,” a voice says. “You will not receive anything from us but coffins after coffins … slaughtered in this way.”
Warning: Mature Content. This is both a political document of our time, and a horrifying snuff film. Notice that Berg appears in an orange jumpsuit, a seeming allusion to Muslim prisoners being held by the United States at Guantanamo Bay.
Twenty-five months later to the day, Zarqawi was assassinated by a U.S. Air Force bombing.
* As of this writing, Mosul is occupied by Zarqawi’s creation, the Islamic State.
On this date in 2006, the People’s Republic of China executed a gentleman by the name of Qiu Xinghua.
Qiu’s offense, at bottom, was one of anger management: believing the abbot at a mountain temple in the interior province of Shaanxi was making time with his wife, Qiu went on a homicidal rampage at said temple where he
cut out the abbot’s eyes, heart and lungs and fried them in a wok. He had used the victims’ blood to write “Deserved to die” on the temple wall.
“The victims” comprised nine other people besides the abbot, plus another one killed while on the run from the law for five weeks after his temple frenzy. (He also torched the temple.)
The enormity of the crime, and the attempts by Qiu’s team to raise doubts about his sanity, attracted wide public attention in China.
China on this date in 2009 executed two men for trafficking kidnapped children.
“The crimes of children trafficking are on the rise,” said a spokesman for the Supreme People’s Court. “Children trafficking gangs now have clearer division of work and more children of migrant workers have been abducted.”
Kidnapping has been a major problem in China for many years, one which authorities have fought in vain with ever-strengthened legal sanctions. Needless to say the executions marked this date hardly abated the trend.
Up to 70,000 children are thought to disappear by abduction in China every year — particularly boys, for whom there is a lucrative market.
The men executed Nov. 26, 2009 seem to have emerged right from this unfortunate suq: 55-year-old 55-year-old Hu Minghua of Yunan Province was condemned for trafficking seven different children, plus heroin besides; 27-year-old Su Binde of Henan Province had six child abductions to his name over the course of just 10 months. (Su also led an armed robbery gang in Liuyuan Township that killed at least one man.)
I ran away from my home at age 16 and married the boy I loved. He died in an accident and after that I commenced prostitution and became addicted to drugs. I contracted HIV and hepatitis. When my baby was born, I killed her because I did not want to have the same fate as me.
It’s been reported that the prosecution against her advanced in spite of the forgiveness extended her by the victim’s family; one supposes in this case that means the family of her late husband; ordinarily, under Iran’s sharia law, the victim’s family has the right to pardon an offender any time up to or even during the execution.
You’ll need Persian to understand this video blog about Soheila Ghadiri by Iranian opposition figure Azar Majedi:
(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)
“To all of the racist white folks in America that hate black folks and to all of the black folks in America that hate themselves: in the infamous words of my famous legendary brother, Nat Turner, ‘Y’all kiss my black ass.’ Let’s do it.”
—Brian Roberson, convicted of murder, lethal injection, Texas.
Executed August 9, 2000
Roberson was convicted in the stabbing death of James Boots, seventy-nine, and his wife, Lillian, seventy-five, who lived across the street from him in Dallas. Roberson was African-American and his victims were Caucasian. Amnesty International issued a memo before the execution urging action and “expressing concern at the prosecutor’s systematic exclusion of African-Americans from the trial jury.” Roberson claimed he was “juiced up” on PCP and liquor during the crime. His last words were alternately recorded as “You ain’t got what you want.”
Later that same year, Roberson’s twin brother, Bruce, was arrested for allegedly threatening then President-elect George W. Bush. In a New York Times article, officers reported that Bruce wanted “to take him down.” The piece continued: “Mr. Roberson told them that Mr. Bush ‘stole the election and he’s not going to get away with it.'” Bush had been governor at the time of Brian’s execution.
On this date in 2008, Mexican national Jose Medellin was executed by Texas, pleasurably sticking its thumb in the eye of the International Court of Justice.
U.S. state and local officials have often displayed the ugly-American tendency to view binding treaty obligations as a Washington thing of no moment to the likes of a Harris County prosecutor. So when Medellin was arrested for the 1993 rape-murder of two teenage girls in a Houston park, the idea of putting him right in touch with Mexican diplomats to assist his defense was, we may safely suppose, the very farthest thing from anyone’s mind.
Yet under the Vienna Convention, that is exactly what ought to have occurred. The idea is that consular officials can help a fellow on foreign soil to understand his unfamiliar legal circumstances and assist with any measures for his defense — and by common reciprocity, every state is enabled to look after the interests of its nationals abroad.
A widespread failure to do this, in death cases and others, has involved the United States in a number of international spats over the years.
Jose Medellin was among more than 50 Mexican prisoners named in one of the most noteworthy of these: the Avena case, a suit by Mexico* against the United States in the International Court of Justice.
In its March 31, 2004 Avena decision, the ICJ found that U.S. authorities had “breached the obligations incumbent upon” them by failing in these instances to advise the Mexican nationals it arrested of their Vienna Convention rights, and of failing in almost all those cases likewise to advise Mexican representatives that a Mexican citizen had been taken into custody.
“The appropriate reparation in this case,” the 15-judge panel directed, “consists in the obligation of the United States of America to provide, by means of its own choosing, review and reconsideration of the convictions and sentences of the Mexican nationals.”
If you think the Lone Star State’s duly constituted authorities jumped right on that “obligation,” you must be new around here.
Several years before, the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions visited the United States and filed a report complaining “that there is a generalized perception that human rights are a prerogative of international affairs, and not a domestic issue.”
“Domestic laws appear de facto to prevail over international law, even if they could contradict the international obligations of the United States,” the Special Rapporteur noted.
Texas, famed for not being messed with, took a dim view indeed to being bossed about from The Hague. Indeed, the very concept of foreign law and international courts is a gleefully-thrashed political pinata among that state’s predominant conservative electorate.
U.S. President George W. Bush — a former Texas governor who in his day had no time at all for appeals based on consular notification snafus — in this instance appealed to Texas to enact the ICJ’s proposed review.† In fact, he asserted the authority to order Texas to do so.
“The World Court has no standing in Texas and Texas is not bound by a ruling or edict from a foreign court,” a spokesman of Gov. Rick Perry retorted.
This notion that America’s federalist governance structure could insulate each of her constituent jurisdictions from treaty obligations undertaken by the nation as a whole naturally seems preposterous from the outside. But in the U.S., this dispute between Washington and Austin was resolved by the Supreme Court — and the vehicle for doing so was an appeal lodged by our man, Medellin v. Texas.
The question at stake in Medellin was whether the treaty obligation was binding domestic law on its own — or if, by contrast, such a treaty required American legislative bodies to enact corresponding domestic statutes before it could be enforced. The high court ruled for the latter interpretation, effectively striking down Avena since there was zero chance of either Texas or the U.S. Congress enacting such a statute.
Medellin, the decision, spelled the end for Medellin, the man — and, at least for now, the end of any prospect of effectual intervention in American death penalty cases by international tribunals.
On this date in 2009, Yemen conducted the public execution of Yahia al-Raghwa for the rape-murder of an 11-year-old boy who had visited his barber shop the previous December.
Reportedly, the sentence had initially called for the man to be thrown from a high building as punishment for same-sex activity. Instead, it was “commuted” to the shooting depicted below, in the capital city of Sana’a. (ISIS has carried out such executions-by-precipitation more recently.)
Warning: Mature Content. (Actually only the very last image is truly bloody.)
On this date in 2007, Jafar Kiani was stoned to death in Iran for committing “adultery while married” with Mokarrameh Ebrahimi, by whom Kiani had two children. She was condemned to the same death, for the same crime.
Ma’iz b. Malik al-Aslami came to Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger, I have wronged myself; I have committed adultery and I earnestly desire that you should purify me … a ditch was dug for him and he (the Holy Prophet) pronounced judgment about him and he was stoned.
… There came to him (the Holy Prophet) a woman from Ghamid and said: Allah’s Messenger, I have committed adultery, so purify me. … He said: Well, if you insist upon it, then go away until you give birth to (the child). When she was delivered she came with the child (wrapped) in a rag and said: Here is the child whom I have given birth to. He said: Go away and suckle him until you wean him. When she had weaned him, she came to him (the Holy Prophet) with the child who was holding a piece of bread in his hand. She said: Allah’s Apostle, here is he as I have weaned him and he eats food. He (the Holy Prophet) entrusted the child to one of the Muslims and then pronounced punishment. And she was put in a ditch up to her chest and he commanded people and they stoned her. Khalid b Walid came forward with a stone which he flung at her head and there spurted blood on the face of Khalid and so he abused her. Allah’s Apostle (may peace be upon him) heard his (Khalid’s) curse that he had huried upon her. Thereupon he (the Holy Prophet) said: Khalid, be gentle. By Him in Whose Hand is my life, she has made such a repentance that even if a wrongful tax-collector were to repent, he would have been forgiven. Then giving command regarding her, he prayed over her and she was buried.
“Article 102 — An adulterous man shall be buried in a ditch up to near his waist and an adulterous woman up to near her chest and then stoned to death.” (
Such sentences were implemented fairly widely in the immediate aftermath of the Iranian Revolution, when sharia strictures were inscribed in law. (Human Rights Watch estimates that the Islamic Republic has conducted at least 70 executions by stoning since its birth in 1979, though reckonings of double that figure or more can also be had. Iran has not exactly prioritized transparency in this area.)
In the 21st century, however, Iran has distinctly toned down stoning executions.
It is obvious from Kiani’s execution that this directive did not carry absolute authority; with a pair of 2009 stonings, a judiciary spokesman explained that the so-called moratorium was merely an “advisory”, and that “judges are independent.” Kiani’s execution was justified on the grounds that the Supreme Court had approved the sentence.
Amnesty International reported at least six stonings from 2006 to 2009, but the independence of local judges has not since that time sufficed to overcome Tehran’s growing reservations about the controversial punishment. It appears that Iran has not carried out any known stonings from 2010 onward, which was right around the time worldwide outcry saved adulteress Sakineh Mohammadi Ashtiani from death by stoning. (She was eventually released altogether.)
Jafar Kiani’s lover Mokarrameh Ebrahimi, who had also been languishing under the same sentence for 11 long years at the time of Kiani’s execution, was, at least, a beneficiary of Iran’s growing reticence to implement such sentences. Campaigners were able to win her release in March 2008.