Appeal rejected in death of woman, 86

Friday, Feb. 6, 2004 | 10:16 a.m.

CARSON CITY -- The Nevada Supreme Court on Thursday rejected the latest petition of William Castillo, who was sentenced to death in the tire-iron slaying of an 86-year-old woman in her Las Vegas home.

The court denied Castillo's claims that his trial attorney, David Schieck, was ineffective in several areas and this merited a new trial.

The court agreed that the prosecution committed an error in a statement to the jury that it must have "the courage, the determination, the intestinal fortitude, the sense of commitment to do your legal and moral duty" to impose the death penalty.

The court said the statements were "designed to stir the jury's passion and appeal to partiality," but added they did not deprive Castillo of a fair penalty hearing.

It said other evidence against Castillo was of "such force" that it would not have changed the decision of the jury if his defense lawyer had objected to the statement.

Castillo was convicted of first-degree murder and six other felonies. In late November 1995 Castillo entered the home of Isabelle Berndt, who was asleep. He hit her with a tire iron, stole some items and set the house on fire.

A co-worker said Castillo admitted he entered the home, hit the elderly woman numerous times with a tire iron, smothered her with a pillow and stole a VCR, money and silverware. Police found the VCR and silverware at Castillo's apartment.

Castillo had an extensive juvenile record including charges of attempted murder and six counts of arson. At 17 Castillo escaped from a reform school and was arrested for burglary. He served 14 months in prison. In 1993 he was convicted of a robbery in which he had a gun. He served two years in prison for that crime.

The court also rejected Castillo's claims that his trial lawyer was ineffective in failing to properly investigate the case and present a defense of mental incapacity.

Castillo is still able to appeal through the federal courts.