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Thread: Hector Rolando Medina - Texas

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    Hector Rolando Medina - Texas


    Hector Medina


    Summary of Offense:

    Medina shot each of his children--Javier, 3, and Diana, eight months -- twice: once in the neck and one in the head after their mother left him in March 2007. He admitted to shooting his children in their Irving home.

    Medina was sentenced to death in Dallas County on October 28, 2008.

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    October 28, 2008

    A Dallas County jury sentenced to death Hector Medina, who was convicted of killing his two children after their mother left him.

    Mr. Medina was convicted of capital murder last month for the May 2007 shooting deaths of Javier, 3, and Diana, 8 months. The jury deliberated for about 30 minutes.

    Defense attorney Donna Winfield did not give closing arguments, continuing her stance that state District Judge Andy Chatham's rulings have made it impossible for her to do her job. Judge Chatham would not grant another delay in the trial to allow time for two of her expert witnesses to make it to the trial. The judge had offered to help get her witnesses here.

    Ms. Winfield was jailed for less than three hours Monday, when she refused to call a witness or rest her case. As a result, Judge Chatham told the jury that they had heard all the testimony. Closing arguments occurred this morning.

    Dallas County prosecutor Felicia Oliphant told the jury during closing arguments that Mr. Medina shot his children and himself at their Irving home for revenge against his longtime girlfriend, Elia Martinez-Bermudez.

    "He thought, 'I'll make her pay in a much deeper, more meaningful way,'" by allowing her to live without her children, Ms. Oliphant said.

    "He has earned a death sentence," Ms. Oliphant said. "For what he did and what we know him to be, he deserves it."

    The jury began deliberating about 11 a.m. Mr. Medina faced two possible outcomes - the death penalty or life in prison with no opportunity for parole.

    (Source: The Dallas Morning News)

  3. #3
    Administrator Heidi's Avatar
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    In today's opinions, the Texas Court of Criminal Appeals affirmed Medina's conviction and death sentence.

    Opinion here

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    Death penalty upheld for killer of 2 children at Irving home

    HOUSTON – The Texas Court of Criminal Appeals on Wednesday upheld the death sentence of a man from El Salvador convicted of killing his two small children at their home in Irving four years ago.

    The court rejected what attorneys for Hector Medina contended were 53 errors in his 2008 trial in Dallas.

    Medina, 31, was condemned to death for the slayings of his 3-year-old son, Javier, and 8-month-old daughter, Diana, in March 2007.

    The children's mother had broken up with Medina and had asked for a protective order against him. She accused him of abuse and acknowledged at his trial that she had been having an affair with another man, one of four renters living in the house with them.

    On the day of the shooting, the mother was out running errands while the children were at home with the boarders. They said they heard three or four loud sounds that later were identified as gunshots and then saw Medina walk outside and shoot himself in the head and neck. He survived.

    In the appeal, lawyers argued that there were errors in jury selection, that Medina's legal defense was deficient because no mitigating witnesses were called, and that Medina was denied due process because of scheduling decisions by the trial judge. Attorneys also challenged evidence.

    The challenges all were rejected.

    Medina, who can still appeal his case in the federal courts, does not have an execution date.

    http://www.dallasnews.com/sharedcont...1.295ddf1.html

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    Administrator Heidi's Avatar
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    In today's opinions, the Texas Court of Criminal Appeals denied Medina's motion to rehear.

    Unpublished opinion here AP-76,036

  6. #6
    Administrator Heidi's Avatar
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    EX PARTE HECTOR ROLANDO MEDINA No. WR-75,835-01.

    That is a perfect example of defense attorneys wasting the courts' time and the taxpayers' money.

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    In today's United States Supreme Court orders, Medina's petition for a writ of certiorari and motion for leave to proceed in forma pauperis DENIED.

  8. #8
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    PROHIBITION RELIEF DENIED - OPINION JUDGE NEWELL

    http://www.search.txcourts.gov/Searc...b-ad99516511de

    CONCURRING OPINION JUDGE JOHNSON

    http://www.search.txcourts.gov/Searc...b-4fee4f3686dc

    DISSENTING OPINION JUDGE ALCALA

    http://www.search.txcourts.gov/Searc...e-878619ca29b3

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    Administrator Moh's Avatar
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    Texas Court: Death Row Inmate Can Testify Against Himself

    The Texas Court of Criminal Appeals has ruled prosecutors can call a death row inmate to testify at a hearing despite 5th Amendment protections that allow defendants to refuse to testify against themselves.

    The state's highest criminal court ruled 8-1 Wednesday that prisoner Hector Medina can be put on the witness stand at an evidentiary hearing examining his claim that the legal help at his murder trial in Dallas was deficient.

    According to court documents, prosecutors want to know if Medina knowingly agreed to his trial lawyers' strategy. They've given Medina immunity preventing them from using anything he says in future prosecutions.

    Medina's appeals lawyers asked the appeals court to block any forced testimony.

    Medina, from El Salvador, was condemned for killing his two small children in Irving in 2007.

    http://www.nbcdfw.com/news/local/Tex...340268862.html

  10. #10
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    Habeas relief granted......

    http://search.txcourts.gov/SearchMed...5-2a9033bdc40a

    DISSENTING OPINION PRESIDING JUDGE KELLER

    http://search.txcourts.gov/SearchMed...b-6a8979bac9ca

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