More News

A Rockville man accused of drowning his three children in a Baltimore hotel bathtub will undergo a psychiatric evaluation to determine whether he is fit to stand trial on three counts of first-degree murder and child abuse resulting in death.

If Mark Castillo, 42, is deemed fit to stand trial, he will be evaluated to determine whether he is fit to represent himself, after Castillo said he wanted to dismiss his court-appointed lawyers Friday in Baltimore City Circuit Court.

Castillo is accused of drowning his children, Anthony, 6, Austin, 4, and Athena, 2, in a Marriott Inner Harbor Hotel bathtub in Baltimore on March 29, hours before he was scheduled to return them to their mother, Amy Castillo, of Silver Spring. Castillo then attempted to kill himself by taking more than 100 Motrin pills and stabbing himself, according to charging documents.

Amy Castillo was not present at Mark Castillo's Friday court appearance.

Castillo's trial was scheduled to begin Friday but will be delayed until the results of the evaluation are released. The case would have been delayed even without Castillo's evaluation because evidence in the case is still being collected, said Assistant State's Attorneys for Baltimore City Patricia McLane and Julie Drake, chief of the Felony Family Violence Division of the State's Attorney's Office, the prosecutors in the case.

A new trial date has not been set, but a court date has been scheduled for Sept. 3 to discuss the results of the mental competency evaluation.

"I welcome the evaluation," said Castillo, who maintained that he is not mentally ill.

Because of the postponement, prosecutors have additional time to decide if they will seek the death penalty for Castillo. Drake filed the prosecution's intent to seek a penalty of life without parole in late May.

The majority of Castillo's court appearance Friday consisted of a back-and-forth between Castillo and Baltimore City Circuit Court Judge Gale E. Rasin regarding Castillo's capacity to represent himself and his request to dismiss his lawyers. Castillo filed a petition to dismiss public defenders Natasha Moody and Joan Fraser. But he filed with the judge, rather than through the court clerk's office as is required. As such, the request was not public record.

Rasin said the court must permit a prisoner to dismiss his counsel.

But Rasin also questioned Castillo's ability to represent himself and warned him that if he is to dismiss his public defender, he cannot reinstate them.

"A person who represents himself is not given special treatment," Rasin said in court. "And anyone who represents himself is not on a level playing field. That person is at a serious disadvantage."

Castillo, , wearing a yellow-and-blue striped polo shirt, tan khaki pants, white shoes and handcuffs, was reluctant to discuss the problems he has with his lawyers but eventually said he could no longer trust them.

"What I don't understand is why I have to ask the court for permission to dismiss my counsel if I didn't sign up for the service," said Castillo, whose soft voice quivered throughout the hearing.

Castillo said he has been prevented from receiving mail and from seeing his family while being held in a Baltimore jail.

Moody said in court that public defenders do not have authority over clients' visitation rights or mail, the jail warden does.

Castillo later said, "I've been trying to plead guilty for five months and I've been prevented."

Castillo pleaded not guilty and not criminally responsible May 19, but withdrew that plea June 20.

A gag order has been issued for the case, preventing further comment from the court.

Castillo's insistence Friday that he is not mentally ill comes after a lengthy custody battle in which his mental health came into question.

According to court documents, an evaluation by psychologist C. David Missar in 2006 determined "the acute risk of harm Mr. Castillo poses to his children is low, provided he continues with his psychotherapeutic treatment."

Amy Castillo had been given a temporary protective order against Mark Castillo in December 2006 after writing in a petition that Castillo threatened to "kill the children and not me, so I could live without them."

But on Jan. 10, 2007, Montgomery County Circuit Court Judge Joseph A. Dugan Jr. cited a lack of evidence of abuse when rejecting a permanent protective order Amy Castillo filed against Mark Castillo, who retained visitation rights, according to court documents.