Court upholds conviction of death row inmate

Wednesday, Oct. 28, 1998 | 12:05 p.m.

CARSON CITY -- Donald W. Sherman, once convicted of first degree murder in Idaho, has lost an appeal to the Nevada Supreme Court to overturn his death penalty for the hammer slaying of a Las Vegas physician.

The court, in its unanimous opinion Tuesday, said there were minor errors committed during the trial and penalty hearing, but the evidence against Sherman was overwhelming. And the outcome would not change.

Sherman, now 38, was convicted of breaking into the home of Dr. Lester Bauer in May 1994, hitting him over the head at least five times with a hammer and then stealing his car, credit cards and other items.

Sherman used the credit card in a Las Vegas motel to pay $675 for a "Busty Blond" who was dispatched to his room from an escort service. He also paid other bills with the credit card. He was arrested in Santa Barbara, Calif., in June in the victim's car and items belonging to Bauer were found in the vehicle.

At age 17, Sherman had robbed a grocery store in Idaho and killed the owner. He was sentenced to life in 1981 and then paroled in 1992.

Dr. Bauer was the father of Dianne Bauer who had a romantic relationship with Sherman in the state of Washington in 1992. But they eventually split up.

Sherman claims he went to the home of Dr. Bauer in Las Vegas to talk to him about molesting his daughter. But he said he lost his temper and assaulted Bauer. Dianne, at trial, testified she had never told Sherman she was sexually molested by her father.

After Sherman's arrest, he and another inmate planned an escape from the Clark County jail, including killing the guards. But the plot never came off because the companion notified authorities. There also was testimony at the trial Sherman threatened to beat up correctional officers

Although the court said there were minor errors at the trial, "The evidence against Sherman was overwhelming. Although he had never even met Bauer, his fingerprint was found at Bauer's house. Sherman used Bauer's credit card to pay for escort services and hotel rooms. Sherman told at least two people ... that he had killed someone in Nevada."

Sherman objected to evidence being introduced that indicated he had a prior criminal record and also that he had physically abused Dianne. Sherman, through his lawyers, also said the jury found aggravating circumstances used to impose the death penalty. The defense attorneys suggested these circumstances were invalid because they referred to his prior murder conviction and to the robbery and burglary committed at the Bauer home.

But the court, in its unanimous decision, refused to overturn the verdict and penalty.

The court also upheld the first degree murder conviction of William C. Schoels, who fatally shot Gregory Hayes after they had an argument playing basketball at a sports complex in Las Vegas.

Schoels was sentenced to two consecutive life terms without the possibility of parole.

Schoels claimed self defense. But the court said Schoels pulled out the gun and first shot the victim in the shoulder. He then shot Hayes in the back.