Juan Mauricio Castillo

[admin]

juvenile

Juan Mauricio Castillo
# 50814
Warm Springs Correctional Center
P.O. Box 7007
Carson City, NV 89702
USA

DOB 1-6-1980
possibly not-guilty

Case No: CR95-2639
Date of the Crime: August 13, 1995
Date of Conviction: June 24, 1996
This is the case of a juvenile who (at the age of sixteen (16)) was sentenced to two (2) consecutive terms of life without the possibility of parole.

www.iippi.org/inmates/nevada/juancastillo.html

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My case's present status

The Nevada Supreme Court filed an Order of Affirmance on April 5th, 2005. I by and through my counsel filed the Motion To Reopen Case in the United States District Court, District of Nevada on May 3rd, 2005. Based on this Court Order filed on March 30th, 2004. I am now waiting for this Court's Order to reopen my case under the same number on which it was originally proceeding. This is of course my § 2254 Writ of Habeas Corpus.

[admin]

May 15th, 2005

GANGS

by Juan M. Castillo


Lately, I have been listening to the radio news and have heard about some new law that lets the FBI be in charged of the street gangs in this country. They have made being a gang member a federal offense now. I am in total agreement with their intentions of controlling these groups. However, as an ex-gang member I do not criticize the approach being used to resolve this issue or problem (however people want to call it).

According to what I heard in the radio "there are approximately 250.000 gang members in this country alone." I am not sure, if this number excludes those who affiliate. From my own observation most of these gang members are under the age of 18, the age for emancipation for most states in this country. From my own experience a "tougher hand" on street gang members will not remedy this problem. Let's keep in mind the enforcement of the habitual law which was supposed to somehow stop or slow down recidivism. All it is doing is keeping people in prison for long terms while at the same time filling them up and forcing other prisons to be built. The intentions here were also great, however, pretty hard on those who have to pay for more prisons to be built and let's not forget about the affected families of all of these inmates.

Now, I know that I am not a highly educated person, however, this does not exclude me from understanding a problem and thinking about a solution. There is one very important thing to keep in mind about gang members and that is that not every single one of them is a violent person, and that not all join gangs, because it is what they desire to be. There are reasons of adolescents because older people do know and understand the nature and consequences their actions will bring to them.

While a 14-17 year old person might only see the actions without understanding the consequences. Some of the reasons why a young person would join a gang are:

1) to feel protected from the threats or harrasment brought about by others who are already in a gang or affiliate with one.

2) To feel accepted, to fit in with those around.

3) Rebellion against one's parents.

4) Ignorance, not understanding what one is getting into.

5) Peer pressure.

And 6) the lack of interest a parent has in his/her adolescent.

In all of these reasons (not excuses) the parent(s) have the model role. They can by communicating with their son or daughter cover all of the above grounds that these reasons may not be sought by their adolescent(s).

As for authority goes, gang members do not pay much attention to more severe punishments. It is not because they do not know how to respect the law, but because they do not believe in most cases that it will happen to them. So authority must overcome this issue first, then they will have their attention.

As everything this correction must begin at home, and not on the streets. In my case for example, while in trial I kept hearing that I was going to be made an example for everyone to see that the community was not going to tolerate, or "put up with" as the DA in my case put it, anymore violent acts from gangs. Consequently, I was found guilty of a crime I did not commit and sentenced to serve two consecutive life terms without the possibility of parole. This result did not affect all other crimes that took place after I was sentenced. So the throwing away of my then 15 y/o life did not help them at all. The solution to this problem I believe is found first at home, then in the drugs of the streets.

I just thought I would write to you about this very important issue that is taking place on the outside of my world right now. I hope my comments can give someone out there some different ideas on how to find a different approach to dealing with gangs.

Sincerely,
Juan M. Castillo
# 50814

[admin]

July 31st, 2005 - Update

I am writing to update the information pertaining to my case. In my last letter I notified you of me waiting on the State Supreme Court’s decision for the appeal from the denial of the Washow County Second Judicial District Court to my Petition for Writ of Habeas Corpus (post conviction). The Nevada Supreme Court filed an Order of Affirmance on April 5th, 2005. I then, by and through counsel (Assistant Federal Public Defender), filed the Motion to Reopen Case on May 3rd, 2005 in the United States District Court of Nevada.

On June 1st, 2005 pursuant to the former appointed judge to my case’s retirement my case was referred to a new U.S. District Court judge. This new judge entered an order granting my motion to reopen my case under a new case number (CV-N-05-0366-LRH (RAM)) . Then I through my attorney of record filed the second Amendment Petition For Writ Of Habeas Corpus by a person in state custody pursuant to 28 U.S.C.§2254, which includes all previously filed unexhausted (but now exhausted) claims from the First Amendment Petition under the former case number CV-N-02-0415-DWR (RAM). After returning to state court(s) to exhaust claims this court (U.S. District Ct.) found unexhausted, this Second Amendment Petition under newly assigned case number follows together (coupled) with a Motion to transfer all exhibits from the First Amendment Petition to this foregoing Second Amendment Petition.

Now, I am waiting on the U.S. District Court’s further actions and then on the State’s response to my petition.

Sincerely,

Juan M. Castillo

[admin]

Request

I would like to make the following request from anyone reading the information provided in my IIPPI web page.

I need for someone who either is a guns expert or that can put me in contact with one to please contact me. I need to investigate and clear up some assumptions that D.A. made during trial that I know were far from the truth in regards to ballistics.

Sincerely,

Juan M. Castillo

[admin]

June 4, 2007
from Juan Castillo

My Federal Writ has been sitting in the U.S. District Court’s desk, somewhere, since September 29, 2006. I understand that they have many cases to attend, but still my case is one of them. My Federal Public Defender filed a “Motion requesting briefing schedule” on November 2, 2006. Nothing has been received in response to this motion. Thus, another motion should be on its way to remind the court of the same. Hopefully, we get a response this time.

Moreover, on May 4 of this same year 2007, I was notified of my right (which is prescribed by the federal laws of this country and by the international laws) to contact my consulate.
28 C.F.R. § 50.5 (a) (1) states the following:
“In every case in which a foreign national is arrested the arresting officer shall inform the foreign national that his consul will be advised of his arrest unless he does not wish such notification to be given.”

See also Article 36 (1) of the Vienna Convention. I believe that if this notification would have been done at the time of my arrest, as it was supposed to be done, and adhered, I would have gotten a different result in the verdict of my case. I did not speak enough English to comprehend any of the proceedings against me. Here my consulate could have helped in finding someone who could have enabled me to understand what I was facing, or at least pointed me to someone who could have done this for me. My consulate could have helped me find a decent and competent defense attorney, which would have made the outcome of my case a very different one. Evidence to prove my innocence would have been sought and of course found. Witnesses would have been called to the stand to testify in my behalf, and I would not be here today spending my life in prison for a crime I did not commit.

When I asked our caseworker (the person who notified us of this right on the 4 of May, 2007) why it had taken so long for this notification to us, foreign nationals, to take place, he did not give me a straight answer. Rather he said that he knew that this was supposed to be done at the time of my arrest, and that he knew that this was supposed to be done at the time of my arrest, and that it was until now that this state together with others were doing it. Almost 13 years have passed since my arrest, if this law would have been adhered, I would be somewhere else today. I can only imagine all of the people they have done it to. In my unit there are 23 inmates, only 6 of us are foreign nationals and to all of us our right to contact our consulate and ask for help was denied. So now I am contacting as many places as I can to see if there is something or some type of help they can provide me, and those like me, with. If anyone knows about a document or place I can contact to obtain some help from, please do let me know of it. Send it to me at my address above.

How is it that laws are passed, yet not obeyed? Who knows.

[admin]

Update, October 25, 2007

News No 1: My trial transcripts are on my webpage at http://www.iippi.org/inmates/nevada/juancastillo.html .

News No 2: After waiting for almost a year, the U.S. District Court, District of Nevada, has issued the Order scheduling briefing for my case. On September 4, 2007, the above mentioned court issued the following Order:

"It is therefore ordered that petitioner's Motion Requesting Briefing Schedule [filed on November 2, 2006] (docket # 23) is granted."

"It is further ordered that respondent shall have until and including November 9, 2007, to file an answer, responding to the remaining claims in petitioner's Second Amended Petition for a Writ of Habeas Corpus. Petitioner shall thereafter have thirty (30) days following the filing, of respondent's answer to file and serve a reply."

I am glad that this order was issued. I know that 10 months of waiting might not be a long time for some people. For me, however, it was, especially because I am waiting for justice to be rendered.

Sincerely,

Juan M. Castillo

[admin]

www.iippi.org/merchandise.html

Do you need merchandise for Juan M. Castillo's campaign? Click here and look for his art:

"Guilty until proven innocent"
"Boy and Girl"
"Chess Lady"
"Clowns"
"Roses and Butterflies"
"Wings"

Let us know when we can do something for you!

[admin]

May 30, 2008


As for what has been going on here in my small world, I’ll have to say quite a lot.

After waiting for almost one whole year for the U.S. District Court to come back to my writ and expedite its proceedings, it has finally done it. I’m, of course, very happy about following information from the MINUTES OF THE COURT filed on March 7, 2008:

“In this hebeas corpus action on September 29, 2006, several claims in the hebeas petition were dismissed [these claims/ grounds were unexhausted when first presented, then exhausted with the permission of the Court, but found defaulted when presented for the second time], upon a motion to dismiss by respondents.

On September 4, 2007, the Court ordered respondents to answer petitions remaining claims by November 9, 2007.

Petitioner [the Court is referring to the State/ Respondents here] then filed a series of three motions for extensions of time for their answer. It appears that those motions have been made in good faith and not solely for the purpose of delay, and that there is good cause for the requested extensions of time. The Court will grant those motions, and will extend to March 31, 2008 the time for respondents to file their answer.

However, this will be the last extension of this deadline, absent extraordinary circumstances.”

The State finally filed its response on March 31, 2008. After this, my attorney and I had 30 days in which to file and serve our reply. Then the U.S. District Court will decide. However, because there is a need for us (my attorney and I) to file our first Motion for Extention of Time due to more pending investigation, legal research, and the procuring of some more documentary evidence (most of which I have already done on my own with Gods help, of course.) Beside the above, my attorney has informed me of the assistance of a more experienced attorney from her law firm to my case. This more experienced federal attorney will be preparing my reply to the State’s response. As I have mentioned to you before, an evidentiary hearing would help me so much right now. If the Court would grant it to me, I do not believe I will be coming back to prison, because then the proof of my innocence would be shining so brightly.

You know, till this day, I continue to meet with other people (inmates mostly) who have heard it from the eye-witnesses that I am innocent. Eye-witnesses that were there but never came forth to tell the truth, because they were either afraid or belonged to the rival gang. It brings me a little comfort to hear and learn of these things, but the truth of my incarceration for a crime I did not commit still remains. Hopefully, the Court will give me this opportunity, the opportunity that has never been granted to me before. One chance, a fair chance is all I ask for.

I do not mind, if people want to write for penpal reasons. I believe this is a very good way of showing someone in my situation that they care. However, I am also looking for help with knowledge, understanding, and/or referrals on the following areas:

Ballistics, ways to find old phone records, and in the area of pathology. Anyone willing to help me will not be required to testify in court, unless they want to, but mostly all I need are answers to questions I know would help me support my innocence. I will only use the acquired answers as reference and/or guidance to adopt them to my defense. In other words, I will use these answers to show the Court, by my questioning of my own expert, why I am not the culprit of the crime I am serving time for, e.g.:

Many people have told me that a .380 caliber handgun is a low power gun. I want to ask an expert, how much damage can a .380 handgun do from a distance of 153’+ to a human head, if it (the bullet) enters through one of the eyes? From this distance, does it have enough power to puncture a clean hole to the back bone of the skull? If the bullet is copperplated, what type of hole would it make – a wider than its own size or one of its own size? These questions are for a Ballistics expert.

To a pathologist I would like to ask him/her the following:
When a victim is killed by a handgun, can the caliber of the gun be established with certainty by the hole the bullet left on the bone of the skull? What about the distance from where the victim was shot? If a victim is killed with a .380 caliber, would the hole left on the skullbe smaller than the size of a .380 caliber bullet?If as a pathologist you say that the bullet that killed the victim is closer to a .22 caliber gun than to a .357, 9mm or .380 caliber gun, does this exclude the .380 caliber gun from being a suspect? These are some of the questions I would really like and need with the most urgency answers to.

If anyone who is reading this can help me by providing me with the answers, please do so at your earliest convenience. Please, keep in mind that I have never had any experts testifying to everything as it should be. The State was the only one who presented the testimonies of its own experts. Still their answers were not most favorable to the State. So please, help if you can. Thank you.

I hope to hear from you soon.

Sincerely,

Juan M. Castillo

[admin]

Update
August 7, 2011
By Juan Mauricio Castillo

As for my case and cause. The U.S. District Court denied any relief. However it allowed new supporting evidence to be submitted. Then I have been waiting on the 9th Circuit Court of Appeals to either grant me or deny me the Certificate of Appealability (COA) for almost two whole years now. My new Federal Public Defender has brought this fact to the court's attention to no avail. So I am stuck. I can only wait.

As for supporters for my cause. Besides my immediate couple of family members I rarely have anyone else. This is one of the results of being in prison for 16 years. In the end of this month I'll start my 17th year. I continue to look for opened doors, help, someone to listen. The hope is always alive, the faith is always present.

[admin]

The U.S. Supreme Court ruled in Miller v. Alabama on June 25, 2012, that mandatory life sentences for juveniles are unconstitional. Go to viewtopic.php?f=7&t=13745 . This means that juveniles who have been sentenced to life without the possibility of parole are entitled to a new sentencing hearing.