I had the opportunity to address the Civil Subcommittee in person on 22 January, for which I'm grateful. Below is the rest of what I'd like to be entered into the record for HB140. This is more of a narrative as to why it has taken so many years to get to this point, without a final adoption taking place. I will try to give a short version of the criminal case, the custody case, and the wrongful death case involving Braulio Castillo.
Criminal Case
In March, 2014, Michelle Castillo was murdered. Her husband, Braulio Castillo, was arrested in April, 2014, and charged with first degree murder, B&E with the intent to commit murder, and violating a protective order (which had been granted in April, 2013, and upheld on appeal in Sept. 2013.) In June, 2016, Mr. Castillo was convicted on all three charges against him, and sentenced to life in prison. A final sentencing order was entered in December, 2016. In January, 2017, an appeal was filed at the Court of Appeals of Virginia. The CAV disposed of the case in June, 2019, affirming all Circuit Court decisions. In August, 2019, another appeal was filed at the Supreme Court of Virginia. This appeal was initially refused in Feb., 2020, and a rehearing was refused in August, 2020. In January, 2021, Mr. Castillo filed a Petition for Writ of Certiorari with the US Supreme Court, which was denied in February, 2021. Lastly, in August, 2021, Mr. Castillo filed a petition for a Writ of Habeas Corpus in Loudoun County Circuit Court. That case remains active, with little happening between August, 2022, and the present day.**
The Custody Case
In June, 2016, a separate trial was held in JDR Court regarding a custody case between Mr. Castillo and Loudoun County Dept. of Family Services. (The case began in 2014, but stayed until the criminal trial concluded.) This case involved the DFS decision (after Mrs. Castillo was killed) to remove the four minor children, led to the initial termination of Mr. Castillo's parental rights, and also assigned a goal of "adoption" to the foster care matter. In July, 2016, an appeal was filed in Loudoun Circuit Court. That de novo appeal did not conclude until September, 2017, with the Court ruling the removal, goal of adoption, and termination of parental rights was warranted. The custody case was appealed to CAV in September, 2017, and was disposed of in April, 2018, with all Circuit Court decisions affirmed. An appeal was then filed with the Supreme Court of Virginia, which was refused in August, 2018. In October, 2018, Loudoun DFS tried to initiate adoption proceedings for the four minor children, but the Guardian ad-Litem, and the County Attorney for Loudoun, both objected due to existing Virginia Law (it would sever the children's rights as beneficiaries).
The Wrongful Death Case
In March, 2016, a wrongful death action was filed by the oldest of the five children. Aside from changes in Counsel and a few motions, that suit has largely sat dormant. I'm unsure of the real reasons why, but have been told there was an agreement between the Court and the attorneys to not bring the case to trial until "all criminal appeals have been completed." ** I believe the Habeas case factors in to the "all criminal appeals" thought process, and there is no end in sight.
In closing, I'd like to state for the record that we (the Meekers) are simply trying to achieve permanency as a family through adoption, not force movement in any particular Court case. HB140 enables that.
I had the opportunity to address the Civil Subcommittee in person on 22 January, for which I'm grateful. Below is the rest of what I'd like to be entered into the record for HB140. This is more of a narrative as to why it has taken so many years to get to this point, without a final adoption taking place. I will try to give a short version of the criminal case, the custody case, and the wrongful death case involving Braulio Castillo. Criminal Case In March, 2014, Michelle Castillo was murdered. Her husband, Braulio Castillo, was arrested in April, 2014, and charged with first degree murder, B&E with the intent to commit murder, and violating a protective order (which had been granted in April, 2013, and upheld on appeal in Sept. 2013.) In June, 2016, Mr. Castillo was convicted on all three charges against him, and sentenced to life in prison. A final sentencing order was entered in December, 2016. In January, 2017, an appeal was filed at the Court of Appeals of Virginia. The CAV disposed of the case in June, 2019, affirming all Circuit Court decisions. In August, 2019, another appeal was filed at the Supreme Court of Virginia. This appeal was initially refused in Feb., 2020, and a rehearing was refused in August, 2020. In January, 2021, Mr. Castillo filed a Petition for Writ of Certiorari with the US Supreme Court, which was denied in February, 2021. Lastly, in August, 2021, Mr. Castillo filed a petition for a Writ of Habeas Corpus in Loudoun County Circuit Court. That case remains active, with little happening between August, 2022, and the present day.** The Custody Case In June, 2016, a separate trial was held in JDR Court regarding a custody case between Mr. Castillo and Loudoun County Dept. of Family Services. (The case began in 2014, but stayed until the criminal trial concluded.) This case involved the DFS decision (after Mrs. Castillo was killed) to remove the four minor children, led to the initial termination of Mr. Castillo's parental rights, and also assigned a goal of "adoption" to the foster care matter. In July, 2016, an appeal was filed in Loudoun Circuit Court. That de novo appeal did not conclude until September, 2017, with the Court ruling the removal, goal of adoption, and termination of parental rights was warranted. The custody case was appealed to CAV in September, 2017, and was disposed of in April, 2018, with all Circuit Court decisions affirmed. An appeal was then filed with the Supreme Court of Virginia, which was refused in August, 2018. In October, 2018, Loudoun DFS tried to initiate adoption proceedings for the four minor children, but the Guardian ad-Litem, and the County Attorney for Loudoun, both objected due to existing Virginia Law (it would sever the children's rights as beneficiaries). The Wrongful Death Case In March, 2016, a wrongful death action was filed by the oldest of the five children. Aside from changes in Counsel and a few motions, that suit has largely sat dormant. I'm unsure of the real reasons why, but have been told there was an agreement between the Court and the attorneys to not bring the case to trial until "all criminal appeals have been completed." ** I believe the Habeas case factors in to the "all criminal appeals" thought process, and there is no end in sight. In closing, I'd like to state for the record that we (the Meekers) are simply trying to achieve permanency as a family through adoption, not force movement in any particular Court case. HB140 enables that.