Court rejects killer’s appeal over judge’s Bible quote

Wednesday, July 10, 2002 | 8:58 a.m.

CARSON CITY -- The Nevada Supreme Court on Tuesday rejected the petition of death row inmate Donald W. Sherman, who complained that a District Court judge in Las Vegas improperly quoted from the Bible to show a juror that the death penalty is permitted.

The court also denied the appeal of Kevin J. Lisle, sentenced to death in Las Vegas for murder.

In the Sherman case, the court found the Bible comment by District Judge Stephen Huffaker was inappropriate but it did not affect the sentence given Sherman, convicted of the hammer beating of Dr. Lester Bauer in 1994.

Sherman contended his trial lawyers should have objected to the statement Huffaker made during jury questioning. One potential juror indicated she would have difficulty imposing a death sentence due to her religious convictions.

The judge told the juror, "In the Bible, it was very common to have this form of punishment. As a matter of fact, (in) the book of Judges ... this is the way this form of punishment was carried out."

The juror was later excused when she maintained she could not impose the death penalty under any circumstances.

The Supreme Court said it was clear the judge's comments "were limited to determining whether the juror could consider the death penalty as a possible form of punishment."

In a second decision, the court upheld the first-degree murder conviction of Lisle, sentenced to death for the fatal shooting of 19-year-old Justin Lusch, the son of a North Las Vegas police chief.

Lisle also claimed his trial attorneys were ineffective. He suggested his attorney fell down on the job when he failed to object to improper statements by the prosecution.