Judge urged not to overturn man’s death sentence

Monday, Sept. 20, 1999 | 11:23 a.m.

CARSON CITY -- A prosecutor has told the Nevada Supreme Court there is no reason to overturn the death penalty for Michael Mulder, who committed a "heinous crime" by bashing in the skull of a 77-year-old Las Vegas man in March 1996.

But defense lawyer Lee Elizabeth McMahon says Mulder didn't get a fair trial because District Judge Joseph Pavlikowski refused to certify a defense witness as a fingerprint expert. The key issue in the trial, she said, was the fingerprints found on the duct tape that bound the ankles and hands of victim John Ahart.

The court heard arguments Friday and will rule later. But Justice Nancy Becker indicated that even if there were an error, it might have been harmless.

Mulder, 39, was convicted and sentenced to death for the fatal beating of Ahart in his mobile home on North Lamb Boulevard in a reported robbery in which the victim's car, gun, jewelry and watch were missing. These items, according to McMahon, were never found.

Deputy District Attorney David Roger said Mulder "crushed the skull" of the victim, who used to visit the courthouse in Las Vegas and watch murder trials. He said there was overwhelming evidence, beside the fingerprints, to tie Mulder to the crime.

Mulder's brother Roger testified that the defendant was driving the car of the victim. Other members of Mulder's family also testified against him. And Mulder's girlfriend also presented evidence that tied him to the crime.

The main argument in the appeal by McMahon was that Pavlikowski refused to certify Howard Doulder as an expert in fingerprint identification, even though Doulder had 50 years' experience in this field. McMahon said the judge then ruled an FBI witness for the prosecution was an expert.

Doulder, she said, used the same method as the FBI in examining the fingerprints on the duct tape. The refusal to certify Doulder as an expert hurt his credibility.

While the FBI found that the fingerprints at the murder scene were those of Mulder, Doulder -- who was allowed to testify but not as an expert -- said they did not match up.

"If he (Doulder) had been certified as an expert, it probably would have created a reasonable doubt" in the minds of the jurors, McMahon said. "The evidence was not overwhelming."

Justice Myron Leavitt said that 90 percent of Doulder's work was in examining documents and 10 percent in fingerprints. McMahon replied that did not change the fact Doulder was a fingerprint expert.