LAS VEGAS: With 90 minutes to spare, the Nevada
Supreme Court stayed the execution of a convicted murderer for
at least 60 days late Monday to consider whether the three-drug
cocktail used in lethal injection constituted cruel and unusual
punishment.
Nevada thus became the fifth state to stop a scheduled execution
since Sept. 25, when the United States Supreme Court agreed
to hear a similar appeal by two men on Kentucky’s death row.
Lawyers for the Kentucky men argued that the first drug administered,
sodium thiopental, sometimes failed to render an inmate fully
unconscious, allowing him to experience pain. Meanwhile, the
second drug, pancuronium bromide, paralyzes him and leaves him
without the ability to move or call for help as the third drug,
potassium chloride, stops the heart, an often painful process.
That combination, opponents say, violates the Eighth Amendment
prohibiting cruel and unusual punishment.
Unlike in the Kentucky case, though, the Nevada inmate, William
Castillo, 34, did not wish to postpone his execution and instructed
his court-appointed lawyer not to appeal. But the American Civil
Liberties Union of Nevada was granted legal standing to oppose
Mr. Castillo’s execution on behalf of a Spanish-language newspaper
in the Reno area, Ahora, which contends that masking the suffering
of a dying inmate violates the news media’s right to observe
the impact of the punishment.
"From our point of view, this is an issue of broader
First Amendment principle," said Lee Rowland, the A.C.L.U.
lawyer who argued the case. “This is not simply a matter of
one person’s request to die. It’s about the broader power of
the state. No one, not Mr. Castillo or you or I, has the right
to petition the government to be tortured.”
Of the 38 states with the death penalty, all but one use lethal
injection. Nebraska uses the electric chair. Since the United
States Supreme Court agreed to hear the Kentucky case, the top
courts in Arizona, Arkansas, Delaware and Texas ruled that all
lethal injection executions must wait until the Supreme Court’s
ruling.
In Nevada, lawyers are expected to argue for the stay to be
extended until the ruling by the United States Supreme Court.
The director of the Nevada Department of Corrections, Howard
Skolnik, said Mr. Castillo was disappointed by the delay. Mr.
Castillo was condemned for the 1995 slaying of a retired Las
Vegas teacher, Isabelle Berndt, 86.
Mr. Skolnik said the state did not think the drug cocktail
constituted cruel and unusual punishment. “There is no concern
of the drugs that are used on our part,” he said, adding, “Everybody
is waiting to see what the Supreme Court does.”