'Schizphrenic tendencies' won't stop killer's execution
Tuesday, June 23, 1998 | 11:08 a.m.
CARSON CITY -- A district judge has ruled condemned killer Alvaro Calambro has "schizophrenic tendencies" but was mentally competent to die for the murder of two people in Reno.
Deputy District Attorney David Stanton said he would file a warrant today seeking a new execution date for Calambro, who sat impassively through the daylong hearing Monday, showing little interest in whether his life is spared.
Calambro, 25, has declined to appeal and has told prison officials he wants to die for the killings of Peggy Crawford and Keith Christopher in January 1994 during a robbery. But his mother, Lydia, is launching an 11th hour effort to save her son, claiming he's mentally incompetent to waive his appeal rights.
Calambro's execution date had been June 13, but the Nevada Supreme Court issued a stay to allow a new round of hearings.
When questioned by District Judge Steve Elliott, Calambro answered "Yeah," to whether he understood he was about to be put to death, the reason why he is being executed and whether he was entitled to a stay of the execution to carry an appeal. By his answers, the judge said Calambro shows he does not want to challenge his conviction and sentence any further.
Elliott found there was not enough evidence that Calambro "suffered from a degree of mental illness that he can't make a competent decision not to pursue an appeal."
"Calambro does not have a serious mental illness but does have personality disorders," the judge said.
The major witness for the mother was Dr. David Schmidt, a Las Vegas psychologist, who said he reviewed the prison mental records which show Calambro hears voices, has suicidal potential and has "vampire delusions."
"If he dies he believes he will return as vampires do," Schmidt said, adding Calambro "may suffer from major mental illness." He said he tried to interview Calambro at the state prison earlier this month but the killer refused to answer any questions.
"The only thing he verbalized is he would listen to what I have to say and he wanted to go back to his cell and watch TV. He sat there with a cocky grin."
Never in his 18 years of practice has he been unable to get someone to respond to his questions, Schmidt said.
"I don't believe he understands execution," Schmidt said.
But Stanton called Schmidt a "drive-through psychologist" who diagnosed Calambro without ever talking to him. Stanton said Schmidt also made his finding by watching videotapes of the family of Calambro."
Stanton presented an affidavit of prison Chaplain Al Fry, who quoted Calambro as saying he knows he should die; that he (Calambro) doesn't want to spend the rest of his life in prison; that he wants to be cremated; and that Fry should scatter his ashes.
Stanton said prison psychologist Mace Knapp wrote a report on May 30 this year that Calambro does not suffer from a serious mental illness. And a psychiatrist identified only as Dr. Moreno examined Calambro and found he understood his rights to appeal and the concept of death.
After the Elliott ruling, Calambro's attorney, federal public defender Michael Pescetta, immediately said the case would be appealed to the Nevada Supreme Court. And he said there was a July 9 hearing in federal court in Reno.
Pescetta told Elliott that Calambro suffers from a mental disorder that affects his ability to act rationally. "If he can't understand, he can't waive his right to appeal," Pescetta said.
Stanton urged the judge to view the appeal "with grave suspicion." The issue of incompetency was never raised until this month and it's a last ditch effort by the federal public defender to stay the execution, he added.
The first automatic appeal of the death sentence was denied by the Supreme Court.
Calambro's crime partner, Duc Huynh, was also sentenced to death but hanged himself in the prison in Ely in December 1995.
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