Man faces execution by injection on Monday

CARSON CITY -- Barring a last-minute change of heart, inmate William Castillo will be put to death by lethal injection Monday, the 13th man to be executed in Nevada since the U.S. Supreme Court reinstated the death penalty in 1976.

Like all those before him but one, Castillo, sentenced to die for the bludgeoning death of 86-year-old retired schoolteacher Isabelle Berndt in Las Vegas in 1995, is considered to be a "volunteer," or one who gives up his legal rights to continue appealing his sentence.

Gary Taylor, an assistant federal public defender serving as counsel to Castillo, said there are no plans to seek a stay of execution unless Castillo changes his mind.

If he proceeds, Castillo, 34, will be executed by lethal injection, a combination of three drugs that will first put him to sleep, then stop his breathing and then stop his heart.

Castillo is whiling away his last days at the Nevada State Prison in the capital, where executions are carried out. He has telephone privileges and will probably meet with family in the next few days.

He already has made his request for a last meal, which will be served to him in what is called the "last night" cell, where condemned inmates spend their last few hours across the hall from the execution chamber.

Greg Smith, a spokesman for the Department of Corrections, said Castillo will be served a double cheeseburger, three root beers and a half gallon of pralines and cream ice cream, all prepared at the prison.

The room used for executions is a former gas chamber converted to use for lethal injection. The controversial method of execution, used in most states with the death penalty, is under review by the U.S. Supreme Court because of the potential for the inmate to feel pain if the lethal drugs are not administered correctly.

But since Castillo wants to have his sentence carried out, Taylor said, there are no plans to use the issue to seek a stay without his consent.

Taylor said he has been in contact with Castillo's family, including his mother and stepfather, to keep them apprised of the situation.

"Mr. Castillo informed the courts that he did not wish to live his life in prison, and that hasn't changed," Taylor said. "I think all of us, everyone who knows Billy Castillo, would like him to change his mind."

The American Civil Liberties Union of Nevada has objected to the execution given the decision by the nation's high court to review the use of lethal injection.

"Going ahead with executions in Nevada is wrongheaded and fundamentally at odds with the rest of the country, which is taking very seriously the claims that lethal injection is a cruel and unusual form of punishment," Lee Rowland, Northern Nevada ACLU coordinator, said Tuesday.

The Supreme Court's review involves two death row inmates in Kentucky. Rowland said many other states have stayed their executions pending the court's final decision, "and of course we are disappointed that Nevada has not chosen to do the same."

Chris Owens, chief deputy district attorney for Clark County, said he probably will attend the execution as a witness. He worked on the Castillo case during the appeals process.

"It is a heinous murder, as most of them are," Owens said. "They are all kind of unique in their own way. I'm glad to see some closure for the victim's family."

Lisa Keimach, a granddaughter of Berndt who lives in Southern California, said Tuesday that she had no plans to attend the execution.

"It was very tragic," she said. "She was so full of life. It was just a senseless crime."

Keimach said her grandmother was in good health and still active.

"Our family was robbed of years with her," she said.

But Keimach, who testified at Castillo's penalty hearing in 1996, said she is at peace.

"I do have peace through my strong faith," she said.

Smith said some members of Berndt's family have expressed interest in attending the execution, although nothing has been finalized.

Castillo never gave a reason for the killing, which occurred as he and an accomplice were burglarizing Berndt's home. Castillo admitted he killed Berndt. He has declined requests for interviews.

At trial, prosecutors said Castillo attacked Berndt with a crowbar during the early morning hours of Dec. 17, 1995, as she slept in her bed in her home near Decatur Boulevard and U.S. Highway 95.

Castillo returned a short time after the killing and set the house on fire.

Evidence at trial showed Castillo had worked on Berndt's roof over the Thanksgiving weekend in 1995 and found a hidden house key, which he used to enter her home on the morning of the slaying.

His accomplice, Michelle Platou, pleaded guilty to murder and other charges and was sentenced to life in prison with a chance for parole after 20 years. She is serving her sentence at the Southern Nevada Women's Correctional Center.

After a jury returned a sentence of death, Berndt's daughter, Jean Marie Hosking, expressed satisfaction with the decision, saying she could now get on with her life.

The jury did hear evidence at the penalty phase that Castillo had a troubled upbringing, including witnessing his father attempt to kill his mother. In addition, his mother suffered from mental problems and required hospitalization.

It also was disclosed that Castillo had a lengthy history of delinquency as a child, including drowning his grandmother's dog at age 5 and burning down his family's house at age 9. He was described as a habitual runaway who frequently set fires during his youth. He became a ward of the state of Nevada at about age 9.

Castillo had two prior felony convictions, one in 1991 for attempted burglary and one in 1993 for robbery. He spent 14 months in prison for the attempted burglary and about two years for the robbery. He was released from prison in the latter case in May 1995.

Berndt moved to Las Vegas in 1956 and taught at several elementary schools before retiring in 1983. She lived in her Yale Street home for 36 years.

Castillo would be the 12th man to die in Nevada by lethal injection. Nevada has used lethal injection to execute death row inmates since it was adopted by the Legislature in 1983. It was first used in 1985 and was last used to execute Daryl Mack in April 2006.

The first execution in Nevada after the death penalty was reinstated by the Legislature in 1977, that of Jesse Bishop on Oct. 22, 1979, was the last time lethal gas was used in the state.

Contact Capital Bureau writer Sean Whaley at swhaley@reviewjournal.com or (775) 687-3900.