Juan Edward Castillo - TX - 5/24/17

Started by Grinning Grim Reaper, March 01, 2017, 02:43:51 PM

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Grinning Grim Reaper

Condemned Killer in San Antonio Robbery Set to Die May 24

HOUSTON (AP) -- A 35-year-old San Antonio man on death row for a fatal shooting during a robbery more than 13 years ago has been set to die.

Texas Department of Criminal Justice spokesman Jason Clark said Tuesday the prison agency has received court documents setting Juan Castillo for lethal injection May 24.

Castillo was convicted of the December 2003 slaying of 19-year-old Tommy Garcia Jr. Evidence showed Garcia was lured to a San Antonio lovers' lane by Castillo's girlfriend and then ambushed. She pleaded guilty before Castillo's 2005 trial and testified against him.

Late in his trial, Castillo fired his lawyers and represented himself.

The U.S. Supreme Court in October refused to review his case. He's among at least seven Texas inmates with execution dates this year, including two in March.

Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?


re-schedulded to 09/7/2017

I apologize for my not perfect English. Hopefully you understand what I mean. If not - ask me. I will try to explain.

Grinning Grim Reaper

This is the 3rd X date this year...probably moved because of the torrential rains resulting in a state of emergency.

Merry Christmas scumbag.  8)
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

With the stay of today's Ohio execution, Castillo will be next up in Texas on December 14...the final scheduled execution for 2017.
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

Texas Court of Criminal Appeals halts state's last execution of 2017

On Tuesday, the Texas Court of Criminal Appeals stayed the Dec. 14 execution of Juan Castillo and sent his case back to the trial court to look into claims of false testimony.

Castillo, 36, was sentenced to death in the 2003 robbery and murder of Tommy Garcia Jr. in San Antonio, according to court records. Prosecutors said Castillo and three others planned to rob Garcia after luring him to a secluded area with the promise of sex with one of the women involved in the plan. But when Garcia tried to run, Castillo shot him, according to the accomplices.

One of the witnesses at his trial, Gerardo Gutierrez, bunked near Castillo at the Bexar County Jail and testified that Castillo had confessed to the crime in jail. But in 2013, Gutierrez signed an affidavit saying that he lied in his testimony "to try to help myself."

Even though Castillo had already gone through appeals and lost, the Court of Criminal Appeals ruled on Tuesday that his case was now applicable for further review because of a nearly decade-old ruling. The court had previously held that it was a constitutional violation when the prosecution knowingly uses false testimony to obtain a conviction. And in a 2009 case, it went further to say that even if prosecutors are unaware testimony is false, it still violates a defendant's due process rights.

Castillo has had multiple execution dates set and stopped. In August, his September execution was rescheduled by the Bexar County district attorney because some of Castillo's defense team was based in Houston, which was suffering from Hurricane Harvey flooding.

His execution was the only one remaining on the 2017 calendar in Texas. The state has executed seven people this year, the most in the country. Seven people were also put to death in Texas last year, and five executions are already scheduled in the first three months of 2018.

Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

Grinning Grim Reaper

San Antonio lovers' lane killer gets fourth execution date in less than a year

A San Antonio killer this month was handed his fourth execution date in less than a year.

Juan Castillo, who was sent to death row for his role in a 2003 lovers' lane slaying, is now slated to die by lethal injection on May 16, according to the Texas Department of Criminal Justice. Last year, his string of death dates were called off for everything from Hurricane Harvey to a witness who recanted.

But before the setting of the most recent date, defense attorneys say they never got to weigh in.

Instead, when the appeals court bounced the case back to the trial court in November to examine false testimony claims, prosecutors filed a brief - and the judge decided against Castillo one day later, according to court filings.

"It's really unusual and strange," said Amanda Marzullo, executive director of Texas Defender Services, which is representing Castillo. "It's a clear due process violation."

The Bexar County District Attorney's Office did not immediately respond to a request for comment.

The 36-year-old condemned man was originally convicted in 2005 of killing teenage rapper Tommy Garcia Jr. during a botched robbery.

Castillo's then-girlfriend lured the targeted man to a secluded spot with the promise of sex and drugs. But while the two were making out in his Camaro, Castillo and another man attacked.

Wearing ski masks and carrying weapons, they dragged Garcia from the car - and Castillo shot him seven times in the process.

Castillo was one of four people convicted in the crime, but the only one hit with a capital sentence. During the punishment phase, he represented himself.

He was found guilty on what would have been his victim's 21st birthday.

Last May, he was scheduled for execution, but saw the date cancelled after prosecutors failed to give 90 days notice to the defense. In September, he was scheduled to die, but the date was pushed back again, this time in light of the impacts of Hurricane Harvey.

Then in November, his December execution date was canceled and his case remanded to the trial court in light of claims of false testimony from a jailhouse snitch.

"I described what Juan Castillo supposedly told me about the capital murder," former Bexar County inmate Gerardo Gutierrez wrote in 2013, according to court records. "Juan Castillo never told me this information about this capital murder case. This testimony was untrue about Juan Castillo. I made up this testimony to try to help myself."

Although prosecutors argued that appeals based on the 2013 revelation were procedurally barred and not credible, the Texas Court of Criminal Appeals looked to a 2009 decision mandating that - whether or not it's intentional - the use of false testimony violates due process. Accordingly, on Nov. 28, the appeals court sent the case back to Bexar County.

There, the trial court on Dec. 1 decided that Gutierrez's testimony wasn't what made the difference in Castillo's conviction, as everything he testified to matched statements from other witnesses. The decision came one day after the judge voluntarily recused himself and was replaced.

Although the prosecution was able to file its recommended findings before the court ruled, the defense was not able to do the same.

Now, Castillo's defense has plans to file a motion for reconsideration, Marzullo said.

The next scheduled execution in Texas is Thomas "Bart" Whitaker, a Sugar Land man convicted in a murder-for-hire plot to kill his own family. If his appeals fail, the 38-year-old will be the fourth Texas man executed this year.


Hopefully the 4th time is the charm for this thug.
Vengence is mine saith the Lord...who are we to question the instruments used to carry it out?

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