Awaiting Trial [Archive] - Crime Library Message Boards

TobyTiger

01-10-2007, 05:13 PM

Macks Divorce Lawyer Files Objection to Settlement Motion (http://news.rgj.com/apps/pbcs.dll/article?AID=2007701100415)

Darren Mack's divorce lawyer has filed an objection to a request from the lawyer for Charla Mack's estate, asking a new judge to sign an order that would make a controversial and contested divorce settlement agreement valid and add about $1 million to her estate.

Egan Walker, the lawyer representing Charla Mack's interests, said Tuesday he had just received the document from Darren Mack's lawyer but had not read it and could not comment. He said he planned to file a timely response.

The objection, filed in the sealed Charla and Darren Mack divorce case but obtained by the Reno Gazette-Journal, said Walker's motion to get the settlement agreement signed now was a "veiled attempt" to get access to Darren Mack's pension.

Darren Mack's lawyer, John Springgate said Washoe District Family Court Judge Chuck Weller never signed the agreement into effect, therefore the plan died when Charla Mack was killed June 12.

(more at link)

TobyTiger

01-28-2007, 03:47 PM

Mack Loses Control of Family Trust (http://news.rgj.com/apps/pbcs.dll/article?AID=2007701270343)

A family trust that Darren Mack set up for his three children was taken out of his control and placed under the administration of a man who helped murder victim Charla Mack try to get Mack's assets during their divorce, according to a state judge's order.

Mack's lawyer, Mark Wray, immediately appealed the ruling to the Nevada Supreme Court.

Egan Walker, a lawyer representing Charla Mack's estate and mother, had asked the court to take over the trust and turn it over to a new trustee, Randall Kuckenmeister, because Darren Mack has been charged with her death.

Walker said they were concerned that Mack might try to use the trust to help pay for his criminal defense, a suggestion that Wray said was untrue and would not be legally possible based on the way the trust was set up.

Mack was also charged with attempted murder in the shooting of the couple's divorce judge, that same June 12 morning. He has pleaded not guilty to all charges and his trial is set for October.

Third Judicial District Judge David Huff, who was assigned the case after the Washoe district judges were disqualified over concerns of a perceived bias, granted Walker's request last week.

(more of story at rgj.com)

TobyTiger

02-25-2007, 01:54 PM

SYNOPSIS OF CBSNEWS PROGRAM '48 HOURS' 02/24/07 -

CAUGHT IN THE CROSSFIRE (http://www.cbsnews.com/stories/2007/02/23/48hours/main2507610.shtml)

Link includes a video reenactment of how police believe Judge Weller was shot in his chambers from a nearby parking garage.

TobyTiger

04-30-2007, 08:06 PM

Mack Lawyers Add Plea of Insanity (http://news.rgj.com/apps/pbcs.dll/article?AID=/20070420/NEWS10/704200523/1004/NEWS)

Lawyers for Darren Mack, who is charged with killing his estranged wife and shooting their divorce judge have added "not guilty by reason of insanity" to his pleas in motions filed Thursday and claimed that Washoe District Attorney Richard Gammick violated the law by recording telephone conversations he had with Mack, who fled to Mexico.

David Chesnoff, one of Mack's lawyers, said he is not seeking criminal charges against Gammick but just wants the tapes that Gammick made to be excluded from the trial.

"It certainly is a felony in Nevada to record someone without prior authorization," Chesnoff said.

"That's a lie," Gammick responded. "All of those conversations were made pursuant to a federal court order. I had a court order. They knew that I...I told them that."

Mack's other lawyer, Scott Freeman, said they also want all communication between Mack and Gammick to be thrown out because Gammick knew Mack was being represented by lawyers but failed to advise him of his rights.

"What he did was unethical," Freeman said. "Any lawyer who knows a party is represented by a lawyer is prohibited from speaking with the person until that lawyer gives permission. It makes the hiring of a lawyer meaningless. Lawyers are hired to protect their clients whether he agrees with it or not."

The motions also ask the court to separate the two charges, murder and attempted murder into two separate cases, that the case be moved out of the area and that items taken from Mack's home be excluded because detectives did not have a search warrant.

"They're inadmissible," Chesnoff said. "We believe the state should have sought a warrant. They had plenty of time to seek judicial intervention."

Special Prosecutor Christopher Lalli was not available to comment on the motions, and his co-counsel, Robert Daskas, said he had not seen the motions and could not respond.

Lalli and Daskas have until May 18 to file responses, and Freeman has a week to reply. Both sides are scheduled to argue the motions May 31 before Clark County District Judge Douglas Herndon.

more at renogazettejournal.com 04/20/07

TobyTiger

05-21-2007, 07:49 PM

FILING: MACK TOLD OF KILLING (http://news.rgj.com/apps/pbcs.dll/article?AID=/20070519/NEWS10/705190345/1004/NEWS)

While on the run last year from federal and state officials, Darren Mack called Washoe District Attorney Richard Gammick and told him that he had killed his estranged wife and had shot Judge Chuck Weller, who was handling their contentious divorce.

"The defendant admitted to Gammick that he had killed Charla (Mack)," according to the court document filed by prosecutors on Friday. "He said that he had 'thrown out' the knife used in the brutal killing."

"The defendant further admitted that he had shot Judge Weller," Special Prosecutor Christopher Lalli said in his response to motions filed by Mack's lawyers last month. "He indicated that he wanted Weller alive to expose the corruption that drives thousands of men to commit suicide each year."

more of story at renogazettejournal.com 05/19/07
:read:

TobyTiger

05-21-2007, 07:53 PM

CIVIL SUIT AGAINST MACK ON HOLD (http://news.rgj.com/apps/pbcs.dll/article?AID=/20070518/NEWS18/70518041/1321/NEWS)

A judge has granted Darren Mack’s request to postpone a civil lawsuit filed against him by the secretary of the judge he is accused of shooting.

In his ruling earlier this month, Sixth Judicial Judge John Iroz said the suit filed by Annie Allison can wait until Mack’s criminal trial is complete.
Postponing the civil suit not only will ensure that Mack has the capacity to defend himself in both cases, Iroz said it also may save the courts and parties money and time.
“In the event — which the Allisons assert is likely — that Mack is convicted, granting a stay would preserve judicial resources,” Iroz said. “A stay in such a situation would prevent the need for investigators and other potential witnesses to testify during multiple trials.”
Allison’s lawyer, Cal Dunlap, said he was disappointed with the ruling, and said he is considering his options.

Read more about this story later in the Reno Gazette-Journal and at RGJ.com

TobyTiger

05-25-2007, 06:43 PM

MACK'S LAWYERS CHALLENGE PROSECUTORS (http://news.rgj.com/apps/pbcs.dll/article?AID=/20070524/NEWS18/70524034&oaso=news.rgj.com/breakingnews)

Darren Mack’s lawyers are challenging claims by prosecutors that Mack confessed to killing his estranged wife Charla and shooting their divorce judge.

Instead, Mack lawyers Scott Freeman and David Chesnoff said in court records filed today that Washoe District Attorney Richard Gammick violated the law by talking with Mack while he was on the run in Mexico last year because Gammick knew Mack had a lawyer.
“Quite obviously, Mr. Gammick took advantage of an individual who was so flustered that he was then willing to stipulate to the death penalty, even while claiming he acted in self defense,” the lawyers said in their response to court documents prosecutors filed last week.
“Interestingly, the state in its opposition claims that Mr. Mack confessed to Mr. Gammick, but fails to indicate Mr. Mack had stated he acted in self-defense after being attacked by Charla Mack,” Freeman said.
Gammick said that he violated no laws or rules by talking with Mack because Mack had not personally hired a lawyer at that time. He said the law is clear that there is no attorney-client relationship unless the person in question actually hires a lawyer.
Mack was charged with one count of murder and another count of attempted murder for the sniper-style shooting of Washoe District Judge Chuck Weller.
Mack pleaded not guilty and not guilty by reason of insanity. His trial is set for Oct. 1

TobyTiger

05-25-2007, 06:50 PM

This is basically an UPDATE and continuation of the previous article from 05/24/07:

MACK CITED SELF-DEFENSE IN WIFE'S KILLING (http://news.rgj.com/apps/pbcs.dll/article?AID=/20070525/NEWS01/705250476/1004/NEWS)

Darren Mack did not confess to murder but admitted he acted in self-defense when he killed his estranged wife, according to court documents his lawyers filed Thursday.

And Mack lawyers Scott Freeman and David Chesnoff said Washoe District Attorney Richard Gammick violated the law by talking with Mack while he was on the run in Mexico last year, because Gammick knew Mack had legal representation.

"Quite obviously, Mr. Gammick took advantage of an individual who was so flustered that he was then willing to stipulate to the death penalty, even while claiming he acted in self-defense," the lawyers said in their response to court documents filed last week by prosecutors.

"Interestingly, the state in its opposition claims that Mr. Mack confessed to Mr. Gammick, but fails to indicate Mr. Mack had stated he acted in self-defense after being attacked by Charla Mack," Freeman said.

Gammick said he violated no laws or rules by talking with Mack because Mack had not personally hired a lawyer at that time. He said the law is clear that there is no attorney-client relationship unless the person in question hires a lawyer.

more of the article at RenoGazetteJournal.com

TobyTiger

06-03-2007, 09:14 PM

JUDGE: MACK'S CONFESSION CAN'T BE USED (http://news.rgj.com/apps/pbcs.dll/article?AID=2007706020340)

Washoe County District Attorney Richard Gammick failed in his duties as a prosecutor by not telling Darren Mack during conversations they had while he was on the run in Mexico that he was represented by lawyers, a judge ruled Friday.

Therefore Mack's confession to Gammick that he killed his estranged wife, Charla, in self defense, and shot Washoe District Judge Chuck Weller can not be used during his murder and attempted murder trial, Judge Douglas Herndon ruled.

Gammick knew that Mack's family had hired two lawyers after he disappeared following the stabbing and shooting on June 12, but Gammick did not tell Mack when they spoke on the phone on June 19 -- violating a professional code of conduct.

"There is no more prejudicial evidence than Mr. Mack telling Gammick 'I killed my wife,'" Herndon said. "To allow that in would be overly prejudicial.

"It would be manifest injustice to allow the statements to remain."

Mack lawyer Scott Freeman said Herndon "used courage and insight in his ruling," and Mack's other lawyer, David Chesnoff praised his decision.

"It's refreshing in a case of such significance that ethical and constitutional standards could be maintained," Chesnoff said.

more of story at renogazettejournal.com

TobyTiger

06-09-2007, 02:51 PM

GAMMICK BLASTS MACK RULINGS

Washoe County District Attorney Richard Gammick lashed out Tuesday at defense lawyers and questioned a judge's ruling that threw out taped phone calls and the alleged confession of Darren Mack, charged with killing his wife and shooting the judge handling their divorce.

Gammick called a news conference to respond to rulings in the case last week by District Judge Douglas Herndon of Clark County, who is presiding over the case in Reno.

Herndon said after a daylong hearing concerning evidence on Friday that Gammick had failed in his duties as a prosecutor by not telling Mack he was represented by lawyers in their conversations while he was a fugitive in Mexico.

On Tuesday, Gammick said a state bar disciplinary panel investigated and dismissed similar issues raised by Justice of the Peace Edward Dannan earlier in the proceedings.

"The State Bar of Nevada found I did not commit any ethics violations," Gammick said, providing copies of a one-paragraph letter from the bar saying the matter was dismissed. The letter did not go into detail.

Gammick also took exception to the judge's ruling that taped telephone conversations between himself and Mack before his surrender could not be used because they were taped without a court order or Mack's consent.

Gammick, a longtime friend of the Mack family, maintained that, because the FBI was involved in the investigation, federal law applied and Mack's consent was not required.

But Scott Freeman, one of Mack's defense lawyers, said the issues Gammick raised were argued by special prosecutors Christopher Lalli and Robert Daskas during last week's hearing before the judge.

"They lost," Freeman said. "We argued the state bar didn't have all the facts."

Charla Mack, 39, was stabbed to death the morning of June 12. Within hours, a sniper shot Judge Chuck Weller through a window of his third-floor chambers at Washoe District Family Court. Weller, who had been handling the Macks' pending divorce, was hit in the chest. He was hospitalized and released.

Darren Mack fled the area and spent 11 days on the run before he surrendered June 23 in Mexico. He has pleaded not guilty and not guilty by reason of insanity to charges of murder and attempted murder. Trial is set for Oct. 1.

Herndon was appointed to preside over the case after Washoe County judges were disqualified due to a potential conflict of interest

http://news.rgj.com/apps/pbcs.dll/article?AID=/20070606/NEWS01/706060429/1321/NEWS

GollyGeeWhiz

06-09-2007, 06:14 PM

TobyTiger

06-11-2007, 09:47 PM

Hi Toby!

Thanks, as usual for providing updates and links for the case.

I can't wait to hear how Mack's attorneys present the self-defense argument when it comes to Weller. Unless they go for self-defense regarding Charla's murder, and insanity for the attempt on Weller's life. There's been just enough information leaked about the Mack marriage to make the self-defense argument at least plausible ... except for that nasty bit about DM's "To Do" list. Hope THAT evidence will not be thrown out ...

I was surprised to hear/read that DM actually confessed to Gammick. I'm thinking Dick G. is a long-term friend of the family no more. Not sure how I feel about Herndon's ruling that the confession isn't admissable, actually. :shrug:

Nice to see you again, Toby.

GGW
Greetings! You're welcome...I'm glad to see someone else is still following the case.

Honestly I don't see self-defense as plausible with Charla's death since that means she would've had to attack him first....with what? The knife that was missing from the sheath found on the floor of Mack's bedroom closet? Charla didn't know that Darren's friend was going to be at the condo (which worked out conveniently to get the child out of the garage area) and it was Darren who told the friend to take the child inside so he could "talk" with Charla. Add to that the "To Do" list, the shooting of Judge Weller and flight to Mexico (in a rented vehicle) and it still appears premeditated, in my opinion.

TobyTiger

06-11-2007, 09:49 PM

VIOLENCE REVERBERATES THROUGH LIVES

Judge Chuck Weller, standing in his third-floor family court chambers on that Monday, was shot in the chest by a sniper whose whereabouts were unknown.

SWAT teams with assault rifles swarmed downtown Reno, sending people scrambling into storefronts and blocking all traffic. Across town a short time later, a Reno homicide detective found a woman's body on a garage floor, facedown in a pool of blood.

By early afternoon, police connected the crimes and one man was being sought: Darren Mack, the 45-year-old co-owner of Palace Jewelry & Loan Co. He was the estranged husband of Charla Mack, 39, the woman found dead. Weller was the couple's divorce judge and someone Mack had bad-mouthed publicly about his handling of the case.

Mack was charged with murder the next day and landed on the FBI's Most Wanted list. He surrendered 11 days later in Mexico.

The events of June 12, 2006 shook the community, shattered lives and instilled a level of fear in court personnel. It drew national media attention, resulted in unprecedented judicial rulings and led to changes in court security.

As the first anniversary nears, and as court employees meet with trauma counselors and security guards step up their vigilance, we look back at how the events unfolded and the changes that were made.

more at the link

http://news.rgj.com/apps/pbcs.dll/article?AID=/20070610/NEWS/706100354/1002

In remembrance of Charla Mack, one year later:rose:

TobyTiger

07-14-2007, 07:07 PM

MACK LAWYERS RIP D.A., REQUEST INQUIRY

In a scathing motion filed Wednesday, Darren Mack's lawyers blasted Washoe District Attorney Richard Gammick for having a "legal tantrum" when he had a news conference about a judge's decision to throw out the fugitive's confession while he was in Mexico.

The motion said Gammick talked about evidence that can't be used at trial, poisoned the jury pool and attacked Mack's lawyers' credibility by making "outrageous" and "unethical" statements that violated Mack's constitutional rights.

Lawyers Scott Freeman and David Chesnoff also said Gammick should be investigated for possible obstruction of justice and contempt charges and said the charges against Mack should be dropped.

Mack, 45, is charged with killing his estranged wife, Charla, 39, on June 12, 2006, and then shooting their divorce judge, Chuck Weller, in his court chambers.

Special Prosecutor Christopher Lalli declined to comment on the motion.

"The right place for the facts to unfold in this is in the courtroom," Lalli said.

Gammick called the claims bogus.

"It's easy to throw this garbage around when you don't have a case," Gammick said after hearing of the motion.

He said everything he talked about at the June 5 press conference had been reported by the media and discussed in open court, so he did nothing to that would "poison" the jury pool.

He also said he called the news conference "to point out that Mr. Freeman was not truthful" when he told the court that he and Chesnoff represented Mack and that he should not talk to any officials.

more at the link
http://news.rgj.com/apps/pbcs.dll/article?AID=/20070712/NEWS01/707120332/1004/NEWS

TobyTiger

07-14-2007, 07:24 PM

NASTY DUEL BETWEEN DA, DEFENSE ATTORNEYS MAY BRING TRIAL HERE

John L. Smith
July 12, 2007

Comments (24) Print Email

Will what happened in Reno stay in Reno? Or will the murder trial of Darren Roy Mack, who is accused of killing his estranged wife, Charla, and shooting Washoe County District Judge Chuck Weller, soon be coming to a Las Vegas courthouse?

Recent pretrial evidence victories by Mack's defense team have greatly increased the likelihood the case will be heard in Southern Nevada. Whether Washoe County District Attorney Richard Gammick makes the trip remains to be seen.

Gammick is the subject of a scathing motion to dismiss for outrageous government and prosecutorial misconduct. It was filed this week by defense attorneys Scott Freeman of Reno and David Chesnoff and Richard Schonfeld of Las Vegas.

Mack's recorded, incriminating telephone statements to his family friend Gammick were suppressed by the court after it was found they'd been made without legal authority.

If Gammick thinks he was angry at being entangled in the defense cowboys' initial rope tricks when they won the chief prosecutor's recusal and managed to clear the Reno District Court bench, wait until he reads the accusations set forth in their latest effort. The motion is filled with the kind of language that burns a deep scar into a prosecutor's career and can make very real enemies for defense counsel. The usual criminal mouthpiece hyperbole is a Henny Youngman skit compared with the mugging Gammick takes.

In brief, Gammick is accused of having a "flagrant disregard of the defendant's right to a fair trial" and the court's suppression ruling because he called a post-hearing news conference and not only revealed the suppressed evidence to reporters, but effectively called defense attorneys liars.

Although the experienced prosecutor's emotions in the case are understandable, it's clear he let them get the better of him and gave the defense an opportunity to fan the flames of its small victory into an inferno.

While Gammick said Freeman "out and out lied," the defense motion retorts that it was the district attorney who misled people when he claimed the Mack recordings were "absolutely legal under federal law."

But federal law didn't apply to the suppressed recordings. The motion makes out Gammick to be a liar just as he accused the defense of misleading the court. The difference is, the document lists multiple allegations and asserts that his behavior "shocks the conscience" and has prejudiced the Northern Nevada jury pool beyond doubt.

In response to a reporter's question, Gammick intimated that special prosecutor Christopher Lalli, who was appointed with Robert Daskas following the recusal, was aware the district attorney was holding a news conference following the suppression hearing. I'm beginning to believe Lalli didn't have a clue.

If newly appointed Clark County District Judge Douglas Herndon determines the government engaged in outrageous misconduct, he'll have several options, including dismissing the charges against Mack. That's extremely improbable. The judge is more likely to give the defense a partial victory that could have a substantial impact on the case. He might, for instance, prevent Gammick from testifying at trial, which would weaken the prosecution's slam-dunk case into something akin to a free throw.

Herndon also might make the extra effort to allow a change of venue from Washoe County to Clark County in an attempt to find an impartial jury and block a lengthy appeal.

more at the link
http://www.nevadaappeal.com/article/20070712/OPINION/107120110

TobyTiger

07-27-2007, 08:23 PM

Mack Trial Update

Posted: 12:03 PM Jul 27, 2007
Last Updated: 12:03 PM Jul 27, 2007

--------------------------------------------------------------------------------

An update on court proceedings in the Darren Mack case: A judge Friday morning has denied the defense's motion to dismiss the trial as well as a motion to move the October murder trial out of Reno.

The judge also refused to place a gag order in connection with future court proceedings. We will have a full report on today's developments on KOLO-8’s News at Five.

http://www.kolotv.com/home/headlines/8768752.html

TobyTiger

07-27-2007, 08:28 PM

JUDGE GRANTS REQUEST TO UNSEAL ALL PAPERS IN MACK CIVIL CASE (http://news.rgj.com/apps/pbcs.dll/article?AID=/20070725/NEWS01/707250387/1004/NEWS)

A senior judge Tuesday granted a request from the Reno Gazette-Journal to unseal all documents in a wrongful death lawsuit filed against Darren Mack, accused of killing his estranged wife Charla and shooting their divorce judge.

In his order, Senior Judge Noel Manoukian said he had sealed the case despite requests from both sides to keep it open, "out of an abundance of caution and concern that media coverage of this civil proceeding could adversely affect the fair trial rights" of Mack in his criminal case.

However, he said in a letter to the lawyers that accompanied his order, "I believe that most of you will agree that we never stop learning."

"This is the first First Amendment case I have had, at least in this context," he said. "It was very interesting reading, and I do hope that the enclosed decision and orders does justice to the RGJ's" arguments -- that the public has a right to see and read everything associated with this lawsuit.

"In this case, there is great public interest in making sure that all proceedings are conducted fairly and without bias," Scott Glogovac, the newspaper's attorney, said in his motion to unseal.

Mack's civil lawyer, Mark Wray, fought to unseal the case and said he was pleased with the ruling. Wray had argued in court filings that "open and public court proceedings are integral to the American system of justice."

"Darren has always wanted the civil cases in which he is involved to be open, public. Not just this case, but the other case where he has been sued," Wray said. "Hopefully, some day, the public will see what has happened in all of his cases."

more at the link

TobyTiger

07-27-2007, 08:46 PM

JUDGE REFUSES TO DISMISS MURDER CHARGES (http://www.lasvegassun.com/sunbin/stories/nevada/2007/jul/27/072710425.html)

Today: July 27, 2007 at 16:45:5 PDT

RENO, Nev. - A judge refused Friday to dismiss murder charges against Darren Mack because of what the defense called "outrageous misconduct" by District Attorney Richard Gammick.

But Judge Douglas Herndon said Gammick's decision to discuss Mack's alleged confession after it was ruled inadmissible might force the trial to be moved from Reno.

Gammick called a news conference June 5 after Herndon threw out telephone calls between Gammick and Mack, taped when Mack was on the run in Mexico after the murder of his estranged wife and the shooting of the family court judge who was handling their divorce.

The judge also rejected Mack's alleged confession to the crime.

Gammick lashed out angrily at the judge's decision. The Washoe County district attorney called defense attorneys Scott Freeman and David Chesnoff liars and referred to their case as garbage.

Chesnoff argued Friday that Gammick had "deliberately infected" the pool of potential jurors in the Reno area.

"I think it's an infection that can't be cured," he said.

Herndon rejected the motion to dismiss the charges against Mack and said it would be premature to order a change of venue before prospective jurors had been questioned.

"It's Washoe County's case, and I believe very strongly it should stay here," Herndon said.

But he added, "I think this is going to be a substantial issue on whether we can try the case here. There are things that chip away at any case. This is a big chip."

Herndon is hearing the case on assignment from Las Vegas after all of Washoe County's judges were disqualified because Mack is charged with the sniper-style shooting of Family Court Judge Chuck Weller, who had been handling Mack's divorce case. Weller was shot June 12, 2006, the same day Mack's wife, Charla Mack, was found stabbed to death. Weller was shot in the chest but since has recovered.

Darren Mack fled, but surrendered 11 days later in Mexico after talking with Gammick, a longtime friend of the Mack family.

Gammick taped the phone calls, but the tapes were suppressed by Herndon because they were recorded without a court order or Mack's consent. Gammick argued unsuccessfully that since the FBI was involved in the case, federal law should apply and Mack's consent was not needed. Herndon ruled out the alleged confession because Gammick did not tell Mack he had legal representation.

Gammick has since recused himself from the case because of his association with Mack and his family and has agreed to make no more statements about the case.

In a motion for dismissal, Chesnoff and Freeman said Gammick "flagrantly, blatantly and purposefully engaged in outrageous misconduct (that) violated his legal and professional responsibilities as a district attorney."

Herndon was more restrained in his criticism of Gammick.

"Do I think the press conference was a bad idea? Absolutely. Was it an emotional and personal reaction to what happened in the case? Absolutely. I don't think it's necessary to go out and refer to the defense as liars."

In underscoring his opposition to moving the case, Herndon noted that a Washoe County panel would be a jury of Mack's peers, and he noted the victim's family also lives in the Reno area.

He also agreed with prosecutors that Gammick said little at his news conference that hadn't already come up in court.

Chesnoff had suggested moving the case to Las Vegas where he, the judge and special prosecutors Christopher Lalli and Robert Daskas live and where the case has received less coverage.

Darren Mack, wearing a white shirt and tie, said nothing and sat largely expressionless in court. He has pleaded not guilty to charges of murder and attempted murder and is scheduled to go on trial Oct. 1.

TobyTiger

09-13-2007, 08:40 PM

Nothing has been in the news lately, except this article posted yesterday:

CLARK CO. PROSECUTOR ENTERS RACE

LAS VEGAS (AP) - A Clark County prosecutor has entered the race against Republican Rep. Jon Porter for a suburban Las Vegas congressional district that is expected to be one of the most competitive in the country.

Chief Deputy District Attorney Robert Daskas, 40, is the early favorite for the Democratic nomination in a race his party plans to target intensively. He filed federal election paperwork on Monday.

Porter is seen as vulnerable because of his divided district, Republican unpopularity and his narrow victory over a 30-year-old first-time candidate in 2006.

This is the prosecutor's first bid for public office.

Porter, 52, a former state senator and Boulder City mayor, has held the seat since it was created in 2002. He eked out victory over Democrat Tessa Hafen, a former congressional staffer for Nevada Sen. Harry Reid, by less than 4,000 votes in November, getting 48 percent of the vote.

Daskas' campaign is being handled by Hafen's former campaign manager, Heather Urban, another former Reid staffer.

Daskas says he won't campaign until he finishes prosecuting Darren Mack, a man accused of fatally stabbing his estranged wife and later shooting and injuring Reno Family Court judge Chuck Weller in June 2006.

Mack's trial is scheduled to begin Oct. 1. Daskas says he plans to quit the district attorney's office to campaign full time at the end of October.

"I want the people of southern Nevada to know where I stand, and after the Mack trial is complete, I look forward to a vigorous campaign on the issues," Daskas said.
more at the link

http://www.lasvegassun.com/sunbin/stories/nevada/2007/sep/12/091210056.html

magpie1

09-15-2007, 12:00 AM

I read that article and am encouraged that the trial is going to proceed as scheduled. But, I foresee the likelihood that the trial might be moved to Las Vegas, as the defense will argue that Mack can't get a fair trial in Reno.

I'm looking forward to this trial, having followed the events in this case from day one, when the news media covered the shooting of Judge Weller at the courthouse in Reno. It was only later that day that the body of Charla Mack was discovered in the garage of Darren Mack's condo.

TobyTiger

09-16-2007, 12:34 PM

magpie1

09-22-2007, 02:25 PM

TobyTiger

09-23-2007, 03:51 PM

There's an article in today's (September 22, 2007) Reno Gazette Journal regarding the up-coming trial which is scheduled to begin on October 1, 2007. There will be two days next week devoted to pre-trial conferences, with jury selection set to begin on October 1st.

http://news.rgj.com/apps/pbcs.dll/article?AID=2007709220339

Thanks! As I said in the previous post, I don't see the trial proceeding in Washoe County. Not only is there the murder of Charla Mack, but finding jurors who have not had contact with Judge Weller or formed an opinion of him also plays into the equation.

magpie1

09-26-2007, 04:04 AM

TobyTiger

09-27-2007, 09:08 PM

Toby,
If they do opt to move the trial to Las Vegas, how much of a delay do you think there would be?

The way I see it, they'd have to calendar the trial and get a jury pool together. All potential witnesses would have to be accomodated with the state paying expenses. A lot of details that take time.
Right...it could delay the trial a few weeks, or maybe months depending on the availability of a courtroom. A relatively high-profile case in my area was just relocated to Los Angeles County for the same reason I believe Mack's trial may have to move to Las Vegas.

TobyTiger

09-28-2007, 08:11 PM

DA'S E-MAILS UNDER SCRUTINY IN MACK CASE (http://news.rgj.com/apps/pbcs.dll/article?AID=200770927030)

RENO GAZETTE-JOURNAL
Posted: 9/27/2007
SPECIAL REPORT | Darren Mack stands accused in the murder of his wife Charla and the sniper shooting of Judge Chuck Weller. This page is the place to follow the trial and find stories, photos, video and audio covering the events of June 12, 2006 and their aftermath.

Washoe County District Attorney Richard Gammick acted reasonably and appropriately when he opened an e-mail sent from Darren Mack while he was a fugitive in Mexico, and prosecution should be able to use the contents of that message during Mack’s upcoming murder trial, a district attorney said today.

Mack had sent Gammick the note on June 17, 2006 — five days after Mack’s estranged wife was killed and their divorce judge shot, and then called Gammick two days later to confirm his desire to negotiate his surrender, Special Prosecutor Christopher Lalli told Judge Douglas Herndon during a hearing this morning.

Gammick would have been derelict in his duties to protect the community if he had ignored it, he said.

“I don’t see how the court can punish the state by suppressing the evidence in this way,” Lalli said.

But Mack lawyer David Chesnoff said Gammick knew that Mack was represented by lawyers and should not have had any communications with him, under the professional rules of ethics.

“Mr. Gammick had no idea what he was looking at until Mr. Mack told him what it was,” Chesnoff said. “They’re trying to introduce into evidence a communication from a represented person. He had an ethical obligation once he knew it was from a represented person to not open it.”

Herndon said he would rule on the e-mail argument this afternoon, but said he was concerned about the fact that the subject line of the e-mail said: “Darren Mack’s surrendering himself.”

“The subject line takes me back,” Herndon said, adding it meant that Gammick knew the nature of the communication.

Herndon said Gammick could not be blamed for having the conversation with Mack, given the fact that two major crimes had just occurred in Reno, and the suspect remained at large.

“But whether that can be used at trial is a different story,” Herndon said. “You can’t confuse the duties of the DA with what rules of evidence are used at the time of trial.”

“I never said Mr. Gammick was derelict in trying to investigate the case, but at trial time, other things apply,” Herndon said.

Mack was charged with murder in the June 12, 2006, death of Charla Mack, and with attempted murder in the sniper-style shooting of Family Court Judge Chuck Weller. He has pleaded not guilty and not guilty by reason of insanity.

Jury selection for his trial in Washoe District Court begins Monday.

TobyTiger

09-30-2007, 03:37 PM

SCORES OF WITNESSES COULD TESTIFY IN MACK CASE (http://news.rgj.com/apps/pbcs.dll/article?AID=/20070930/NEWS/709300321/1016)

RENO GAZETTE-JOURNAL
Posted: 9/30/2007
Darren Mack stands accused in the murder of his wife Charla and the sniper shooting of Judge Chuck Weller. This page is the place to follow the trial and find stories, photos, video and audio covering the events of June 12, 2006 and their aftermath.

The witness list, bulging at more than 220, includes some familiar names: Washoe County District Attorney Richard Gammick, Soorya Townley, mother of stabbing victim Charla Mack, and Chuck Weller, the family court judge shot in the chest as he stood in his third-floor chambers on June 12, 2006.

But prospective jurors called for the Darren Mack murder and attempted murder trial will see some names they might not recognize: Tiffany Lebouef, the woman who shared a room with Mack in a Mexico resort; Debbie Dugan, Mack's ex-wife; and Virginia Delgadillo, a fitness room attendant who recognized Mack while he was a fugitive.

Starting Monday morning, hundreds of local residents will stream into a Washoe District courtroom and be asked questions to determine whether they have been influenced by the extensive media coverage of the case and to see whether they've already reached a conclusion about Mack's guilt or innocence. Having relationships with any of the possible witnesses could also affect a potential juror's ability to serve.

If the jury selection process, expected to run at least three days, successfully seats a panel, the trial will begin with opening statements later in the week. The trial is expected to run about four weeks.

If the process stalls with too many people expressing firm opinions, Mack's defense lawyers will likely renew their motion to change the venue for the trial, and Judge Douglas Herndon will make the call on whether to move the case to Las Vegas, something he said last week was a possibility.

more of story at the link