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Inmate joins execution fight

ACLU opposes Nevada's lethal injection method

CARSON CITY -- Condemned inmate William Castillo, who until now has declined to file appeals that could keep him alive, joined Wednesday in a state Supreme Court challenge of Nevada's lethal injection execution procedure.

The move by Castillo, represented by federal public defenders Mike Pescetta and Gary Taylor, was welcomed by the American Civil Liberties Union of Nevada, which had filed the challenge in October when Castillo was scheduled to die.


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  • "This is a total surprise to us," said Lee Rowland of the Nevada ACLU. "We're very glad that our lawsuit gave Mr. Castillo the time to reconsider and decide not to volunteer for the death penalty."

    The state Supreme Court stayed Castillo's execution pending the U.S. Supreme Court's decision on lethal injections in Kentucky.

    Last month, the U.S. Supreme Court upheld Kentucky's execution method, which is similar to Nevada's. Since then, the Nevada stay has remained in effect.

    Castillo's execution was stayed just 90 minutes before he was to get a lethal injection for beating an elderly Las Vegas woman to death with a tire iron.

    In Castillo's intervention motion to the state Supreme Court, his federal defenders said the case should be remanded to a lower court for a hearing to get details the high court needs to "fully address the constitutionality" of Nevada's execution protocol.

    After the case is fully briefed, the public defenders said they hope the high court will find Nevada's three-drug execution protocol unconstitutional.

    "Mr. Castillo's interest is the avoidance of cruel and unusual punishment upon his own person, and avoiding execution as it applies to himself," the defenders said.

    Castillo is the only one of the 84 convicts sentenced to death in Nevada whose execution is being delayed by a court stay.

    Nevada's injection formula includes the use of pancuronium bromide, a muscle relaxant, along with sodium thiopental, which causes unconsciousness and death in some cases, and potassium chloride, which stops the heart.

    Castillo was sentenced to die for the 1995 beating death of Isabelle Berndt, 86, in Las Vegas after working on a roofing job at her home and finding a hidden house key.

    He and a female companion returned, burglarized the home and murdered Berndt.

    Castillo set the home on fire to destroy evidence, but he later admitted the murder to a co-worker and confessed to police.

    His companion in the burglary and murder was Michelle Platou, now serving a life term with the possibility of parole.

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    freetospk wrote on May 08, 2008 07:15 AM: Guilty beyond a reasonable doubt! Then why use lethal injection...just beat him with a tire iron like he did that poor old lady, and you won't have an appeal...but move quickly so the pukes at the aclu can't file another appeal for him....oh, let him stay at their homes a day or two before he gets his deserved beating. This animal needs to be taken out of society permanently. What a way to have to leave this earth for anyone, let alone an 86 year old women.


    Karmine wrote on May 08, 2008 06:00 AM: Mr. Castillo's interest is the avoidance of cruel and unusual punishment upon his own person, and avoiding execution as it applies to himself," the defenders said.
    However Berndt didn't get a choice how she died when to crooks stole her key and broke in. Did they think beating her was cruel and unusual punishment, for her only crime was giving these guys a job-I am not for the death sentence just because mistakes are made alot, sometimes intentional and sometimes not and one person put to death that did not deserve it is one too many, and the fact that they withhold evidence that could exonerate people or not let all the facts be present in a case, these are a few reasons I will never choose to put someone to death-but I would say this guy needs to come up with a better interest to express to the court if he wants sympathy of any kind.


    Alan wrote on May 08, 2008 05:57 AM: Cruel and unusual punishment by lethal injection says ACLU and his lawyers.
    Isabelle Berndt the victim in this case was beaten with a tire iron. So the conclusion, according to the ACLU & the lawyers getting killed by a person in any means than lethal injection is not cruel and unusual punishment. How can you defend killers, bring back the ol West and hang the pukes in the middle of downtown @ High noon and take bets on how long they stop kicking with a 10% bookie fee thats goes to the family.


    On The Other Hand wrote on May 08, 2008 05:46 AM: Dallas man freed by DNA testing after 27 years in prison
    Tuesday, April 29, 2008
    SCHUYLER DIXON

    "DALLAS — A Dallas man who spent more than 27 years in prison for a murder he didn't commit was freed Tuesday, after being incarcerated longer than any other wrongfully convicted U.S. inmate cleared by DNA testing. . . ."

    http://www.foxnews.com/wires/2008Apr29/0,4670,DNAExoneration,00.html


    rjC wrote on May 08, 2008 05:40 AM: Do the crime, better be able to do the time. In this and 83 other cases, death. Too bad.