Court upholds death penalty for Las Vegas killer

By Cy Ryan

Wednesday, July 22, 2009 | 4:53 p.m.

CARSON CITY – The Nevada Supreme Court has upheld the death penalty for Timothy L. Redman, who was found guilty of shooting and beating to death another man in Las Vegas.

Redman had testified he believed Max Biederman wanted to have sex with Redman’s girlfriend.

In his appeal Redman posed many issues including that there were not enough felony aggravators to justify the death penalty imposed by a three-judge panel in 1990.

But the Supreme Court, in a 6-0 decision, said Redman was under a sentence of imprisonment when he murdered Biederman; had been previously convicted of assault and had mutilated the victim.

Biederman died from a massive injury to his head and suffered three gunshot wounds to his face. After he was dead, Redman amputated Biederman’s hands and attempted to cut out his teeth to prevent Biederman’s identification.

Redman was on parole at the time he killed Biederman for offenses committed in West Virginia, including breaking and entering, felonious jail breaking and assault.

Redman presented testimony from his mother, who said her son was physically and mentally abused. She testified she ordered him to stand in a corner for hours with his knees bent and his father had threatened to remove Redman’s hands with a chainsaw for stealing.

A psychiatrist testified that Redman perceived Biederman posed a sexual threat to his girlfriend. Redman said that Biederman had asked him to arrange for the girlfriend to meet Biederman in a hotel room.

The ruling upholds the decision of District Judge Lee Gates, who denied a petition for a writ of habeas corpus.

Redman, now 45 years old, is on death row at the state prison in Ely and has also been convicted of battery by a prisoner with a deadly weapon.

In another decision, the court voted 3-2 to deny a re-hearing for Chaz Higgs in the drug death of wife, state Controller Kathy Augustine, in Reno.

The court said it had already considered and ruled on the issues presented by Higgs in his motion for a re-hearing.

Higgs said he should have been granted a continuance at the trial because it resulted in exclusion of a key witnesses, Chip Walls, an expert on drugs. Walls testified at pre-trial hearings and the court said Walls “was present, able and willing to testify at trial.”

It said Higgs decided not to put Walls on the stand at the trial.

In its initial ruling May 19 this year, the court, in a 5-2 decision, said there was medical evidence that Higgs, a nurse, had access to the drug succinylcholine, which killed Augustine in 2006.

Dissenting in the decision to deny a rehearing were Justices Nancy Saitta and Michael Cherry.

Higgs, now 45, is serving a life term with the possibility of parole at the High Desert State Prison in Clark County.