High Court rejects appeal by prisoner on death row

Wednesday, Jan. 19, 2000 | 11:05 a.m.

CARSON CITY -- The Nevada Supreme Court Tuesday rejected the appeal of death row inmate Michael J. Mulder, convicted of the beating of a 77-year-old man at his mobile home in Las Vegas in July 1996.

In its unanimous decision, the court said "Mulder committed a particularly violent and gruesome crime by tying up and then beating an elderly man to death." It said Mulder had an extensive criminal record and appeared to commit offenses of increasing violence, ending with this murder.

Mulder, although he lost this first appeal, has the option to launch other appeals both in the state and federal courts.

John Ahart, was beaten with a blunt instrument and his hands and feet were tied with duct tape. Ahart's 1990 Infiniti coupe, a new watch, a jewelry box and a gun were stolen.

The court rejected six claims made by Mulder's attorneys, who sought a new trial and a penalty hearing. They contended there was insufficient evidence to convict Mulder and the death penalty was not appropriate.

In July 1996 Mulder, then 36 years old, and his girlfriend, Kimberly Van Heusen, visited Las Vegas and stayed at the 49er Motel. The court said the couple used drugs and Van Heusen often prostituted herself to obtain money for drugs while Mulder sometimes worked day jobs on construction sites.

On July 7 Van Heusen met Ahart at the Showboat hotel-casino, near the 49er, where the two drank, gambled and spent time together, according to court records. They won about $80 and Ahart agreed to split the money the next day.

Van Heusen and Mulder showed up the next day at Ahart's mobile home. He gave her the $40 and then gave the couple a ride to their destinations. Van Heusen said she was in her motel room about 90 minutes later when she heard Mulder honking his horn outside, court records said. Mulder was in Ahart's car and he yelled for his girlfriend to get her belongings so they could leave.

The couple was arrested in Phoenix on Sept. 12, 1996. Mulder was indicted and later convicted of murder, robbery of a victim over 65 years old and burglary while in possession of a firearm.

Mulder's lawyers in their appeal claimed there was error because of the presence of two homicide detectives at the grand jury in Las Vegas while Van Heusen was testifying. They said the penalty hearing should have been delayed at least 60 days after the trial.

The defense also challenged the use in the trial of Van Heusen's grand jury testimony and a ruling in which District Judge Joseph Pavlikowski refused to certify that a witness for Mulder was a fingerprint expert.

The Supreme Court rejected all of those claims.

Mulder also argued the evidence presented failed to demonstrate that he committed Ahart's murder willfully, deliberately and with premeditation. But the court cited the evidence that Ahart's body was hog-tied and Mulder's fingerprints were on the duct tape.

Mulder also made statements he was involved in a struggle with a man he was robbing and he told his girlfriend that Ahart "should have done what he was told," court records show.