Execution Halted, With 90 Minutes To Spare

(CBS/AP)  A killer's execution was halted 90 minutes before he was set to die amid arguments from death penalty opponents that the state should wait until the U.S. Supreme Court reviews the constitutionality of lethal injections.

The Nevada Supreme Court issued the last-minute stay Monday for William Castillo, who beat an elderly woman to death with a tire iron.

Castillo, 34, had declined to file appeals of his own and prison officials have said he was ready to die. The American Civil Liberties Union of Nevada appealed to halt any executions in the state.

The U.S. Supreme Court agreed Sept. 25 to review the method of lethal injection used by most states. The high court will hear a challenge early next year from two inmates in Kentucky who claim that lethal injection as practiced by that state amounts to cruel and unusual punishment, in violation of the Eighth Amendment.

"It's not unusual for a state court to delay an execution when the Supreme Court has expressed interest in resolving an issue involved in that execution," explains CBS News legal analyst Andrew Cohen.

"That's what's happening here. And look for it to happen again before the Justices finally issue a decision in the case they are looking at out of Kentucky."

The Nevada Appeal newspaper reports that the Nevada court's decision to halt last night's execution does not simply turn the issue over to the U.S. Supreme Court. Instead, the order sets a briefing schedule for the Nevada Attorney General's Office and ACLU to present full arguments on the issues raised.

ACLU must file its opening brief, then the attorney general will have 20 days to respond followed by another 20 days for the ACLU response.

That will set up a full hearing before the court, probably in about three months.

The Appeal reported that the Nevada State Justices examined whether the ACLU had standing to bring the petition, but ultimately decided that there is no harm or prejudice in delaying the execution while the issues are resolved.

Executions in at least 10 states have been halted as a result of the litigation over lethal injections.

The injections, devised as a humane alternative to electrocution and the gas chamber, have come under attack in recent years amid reports that the three-drug cocktail doesn't always work as quickly as intended and that inmates are subjected to excruciating pain.

Nevada prison officials planned to execute Castillo with double doses of three drugs - amounts so strong that the first injection likely would have caused him to immediately become unconscious.

The Nevada high court's ruling came more than two hours after Castillo was served his final meal. The inmate had been slightly sedated as prison staffers prepared to take him to the death chamber.

Nevada Corrections Director Howard Skolnik said Castillo was disappointed when he told him about the stay.

"He asked if it would be possible to get a little more medication to calm him down and take the edge off," the director said.

Two of Berndt's family members had planned to witness the execution, and Skolnik said, "They were hoping for some kind of closure today which they did not get."

Lee Rowland, one of the ACLU lawyers who argued the case Monday before the Supreme Court, welcomed the decision, which was signed by all seven justices.

"Clearly, this was the right thing to do, legally and morally," she said. "We are heartened that this decision will bring Nevada in line with the rest of the country, which has decided to await guidance from the U.S. Supreme Court."

The dispute has not halted executions in all states. Georgia's high court on Tuesday denied a stay of execution for a convicted killer there.

Jack Alderman is scheduled to die by lethal injection Friday. He was sentenced to death for the 1974 slaying of his wife.

The Georgia court noted the U.S. Supreme Court review in its decision.

"If that court stays the execution in this and similar cases in order to consider the issue raised herein, this court will of course comply with that determination and will closely follow every directive from that court," the Georgia order said.

Michael Siem, one of Alderman's lawyers, said Tuesday they would file a state habeas petition, an appeal that could go all the way to the U.S. Supreme Court.

"We're a little surprised based on what's going on in the rest of the country that the Georgia court didn't issue a stay," Siem told The Associated Press.

[grabandgo]

I am impressed, the Civil liberties union is so fair.

[sftodd]

They are evil and so are those who love and support them.
Posted by obiwan234 at 08:09 PM : Oct 16, 2007

Yes, I do love and support them as much as I love and support the U.S. Constitution and a constitutional government. You most assuredly are the idiot because you don''t get the point of the ACLU; they are the only organization in this country willing to protect the individual against the tyranny of the mob. And yes, the will fight to protect the constitutional rights of even a scum bag because they (unlike idiots like you) understand that our precious Constitutional rights are not guaranteed to anyone unless they are guaranteed to all. This is a basic, time-honored, time-proven concept that idiots who are ruled by their emotions instead of rational thinking can''t understand. They naturally assume that we can guarantee constitutional rights only to those who deserve them. You, my friend, are the true Un-American and dangerous idiot!

[berndt6]

I''m the grandson of the victim. I was not looking forward to seeing the death of William. We were hoping for a little closure. The only that was good about the stay of his execution is that he was ready and wanted to die. But 30 minutes before his death he was told he will have to live another day with the memory of killing my grandmother. I can add this what is worse a little prick in your arm or being prepared to be executed than being told no you are going to live another day in solitary confinement.

[yoopermom]

The injections, devised as a humane alternative to electrocution and the gas chamber, have come under attack in recent years amid reports that the three-drug cocktail doesn''t always work as quickly as intended and that inmates are subjected to excruciating pain.
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I am so sick of the ACLU screaming that lethal injection is cruel. What about these Monster%u2019s victims. They don%u2019t give a *** about how cruel it was to beat an elderly lady with a tire iron or how she suffered. This Monster and others like him don%u2019t deserve to die with dignity or without pain. They should be made to suffer!

[gunownerdan]

Bring back the firing squad!
It''s much cheaper and very effective.
Of course, the absolute BEST way to stop dangerous criminals is to stop them yourself.
www.a-human-right.com

[rohink-2009]

However in terms of obvious antisocial tendencies, the fake "conservatives" win hands down, because a real "conservative" would be pushing for less social control, not more.

Posted by brianbwb

`````

Fake is fake, I don''t care what side of the fence you are on. I lived 50 years and have seen politicians pit one against another. I am a true conservative and I believe you should have the right to that joint in the privacy of your own home as I do mine. The federal government needs to stay out of my personal business as long as it doesn''t infringe on the rights of others. Liberals spend more time banning this and that and playing thought police.

[grammawhamma]

xzavierbrown: I made this point once before about those that complain about the cruelty of lethal injections for death row criminals. Maybe we should drill a hole in the base of their skull and suck their brains out because supposidly this is a painless proceedure...according to the pro choice crowd.

[xzavierbrown]

It is a busy few years for the ACLU..fighting for the rights of CRIMINALS AND TERRORISTS is very lucrative for this blood sucking liberal organization.

they would do anything for job security

[xzavierbrown]

When will California begin to execute the killers of their citizens?

Posted by ringAding3

Prob''''ly never at the rate it''''s going to protect them and make sure they''''re being treated in a ''''fair and humanely manner'''' like they give so much thought to it while they''''re killing their victims...

Posted by sbbm at 11:41 PM : Oct 16, 2007
+ report abuse
*************

the only way we an get this going is to have the state of california RENAME these DEATHROW INMATES with a new name..FETUS....then those liberals would be fighting each other to flip that switch.

[brianbwb-2009]

Which party passes laws banning things, even words? All in the name of what "they" think is good for you.
I don''''t think the liberal party is quite so liberal anymore.
Posted by rohink

Both sides do try to control speech, and therefore thought, otherwise, why can''t I print "****", or "****", or "*******" or even "***" on this site? Or why can''t I enjoy a joint in the "privacy" of my own home? These limitations are not the fault of real, or even fake "liberals".

However in terms of obvious antisocial tendencies, the fake "conservatives" win hands down, because a real "conservative" would be pushing for less social control, not more.