Preliminary Hearing

[TobyTiger]

Judge Gives OK to Mack Hearing

A senior judge ruled Tuesday that a Reno justice of the peace could proceed with Darren Mack's preliminary hearing today, but said he would be inclined to disqualify all of the Washoe District Court judges if Mack is bound over for trial on charges of shooting a judge...

(more at link)

Originally posted by TobyTiger
Judge Gives OK to Mack Hearing

A senior judge ruled Tuesday that a Reno justice of the peace could proceed with Darren Mack's preliminary hearing today, but said he would be inclined to disqualify all of the Washoe District Court judges if Mack is bound over for trial on charges of shooting a judge...

(more at link)

Thanks for the link TobyTiber! What will occur in today's hearing and when is this going to trial?

TIA

[TobyTiger]

Mack Must Face Judge

A Reno judge has denied a defense motion seeking a mental evaluation for Darren Mack, a wealthy businessman charged with killing his estranged wife and shooting the judge who was handling their divorce.

Justice of the Peace Edward Dannan, after a morning hearing, said defense lawyers failed to present evidence raising "sufficient or reasonable doubt" that Mack was unable to effectively assist in his defense.

He then ordered Mack's preliminary hearing to proceed...
(more at link)

[TobyTiger]

Originally posted by Talamoth


Thanks for the link TobyTiber! What will occur in today's hearing and when is this going to trial?

TIA

Preliminary Hearing

Trial date is usually set at the conclusion of the preliminary hearing. Motions filed by the defense could most likely delay the start of the trial.

[GollyGeeWhiz]

According to Reno's Channel 4 news at 5:00pm, there was testimony at today's hearing by one of the LE officers who performed the search of the condo, that a "To Do" list was found. Items on the list, if I heard correctly, included "End problem," "Park (or pull) Lex into garage," "Lock house" ... and then something about a parking garage. (Sorry I have no links to the actual testimony, but I'm sure someone here can provide them.)

Okay ... let's open up the debate about whether the list was obtained legally. Whether it was planted by LE. Perhaps written by the author of the JonBenet ransom note. Etc. and so forth.

Nothing like an organized alleged murderer.

[GollyGeeWhiz]

Pussycat,

Let's keep in mind that Reno LE didn't set off this chain of events ... Darren did. The discovery of the dead body of his estranged wife on his garage floor got the ball rolling. Then there was the attempt on Weller's life. Oh, and let's not forget Darren's subsequent flight to Mexico.

I'm sure Reno LE was off trying to frame some other innocent when they were told of the situation with Mack, and it was only THEN that they ran gleefully off in the direction of doing their nasty business against Darren.

I'm not qualified to argue the finer points of whether or not LE proceeded precisely by the book, but I'm confident that Darren's very expensive defense team will beat that horse until it is well past dead once the trial is underway.

As for the "entire state of Nevada being built on SCUM" ... well, the Mack family has quite a bit of history here themselves, and a very successful business to boot. One man's SCUM is another man's ... PAWN SHOP.

GGW

[magpie1]

Whatever Judge Weller ordered in the way of alimony and household expenses is a moot point, because Darren Mack had no intention of abiding by that order.

Shortly after Judge Weller made the financial order, Joan Mack bought 1% of Darren's interest in the family business, giving her controlling interest in the company. Darren then declared bankruptcy. The house went into foreclosure and the utilities were cut off because Darren refused to pay.

At the time of Charla's death, Darren had only paid a very small fraction of what he was ordered to pay.

[GollyGeeWhiz]

Originally posted by pussycat
Like GGW said “I now live in Northern Nevada after spending the last 15 years in Las Vegas, and there are many folks here and down there who believe wholesale changes in NV state government and law enforcement are long overdue.”

Said far better than I ever could, GGW. Thanks. The LA Time did a great job explaining things in Nevada back in June also. Kudo to them as well.

Yo Mr. Cat,

As amusing as it is that you're using my words to bolster your argument there's, like, a Grand Canyon sized chasm separating a call for reform and your apparent assumption that every NV judicial and LE official, every NV investigation, and every NV family court case is lousy with corruption, up to and including murder and attempted murder for purposes of framing innocent citizens.

Ooh ... I think I just wrote the world's longest sentence.

Nevada is indeed known for its sort of "anything goes" environment, which is a large part of the reason the Mack family was able to build a fortune from a pawn shop.

As the saying goes, "If you aren't part of the solution ... !"

The money Darren was to pay Charla was for 5 YEARS not 5 months.

PUSSYCAT, I was not incorrect about the other issues with the monetary breakdown because I never addressed it, other than the length of the support. Please do not put words into my mouth.

Darren also had other businesses, one was a public storage unit which was sold less than a year ago for approx 250,000.

He had another business..which I cant recall what exactly it was, something to the effect like another storage complex. Charla told me what it was but I cant recall.

Darren also owned four homes as of last year one of which was in Palm Springs which is why LE thought he may have gone there after the incident.

[TobyTiger]

Thank you Mark, for clarifying this matter. IIRC, when he was captured in Mexico, he also had $36,000.00 (cash) in his possesson. He certainly had many monetary assets...and other 'legal' remedies.

[TobyTiger]

Judge OKs Mack Trial to Proceed

A senior judge in Las Vegas will begin choosing a judge from outside Washoe County to preside over the murder trial of Darren Mack, after he was ordered held for trial Wednesday by a Reno judge.

The 45-year old Reno businessman is accused of stabbing to death his wife, Charla, 39, and shooting family court Judge Chuck Weller, both on June 12. Weller was presiding over their heated divorce.

(more at link)

[TobyTiger]

All Washoe Judges Disqualified from Mack Case

All district court judges in Washoe County were disqualified Thursday from hearing Darren Mack's case because of concerns about their impartiality in the alleged sniper attack on a family court judge handling Mack's bitter divorce from the estranged wife he's accused of murdering.

"There are few characteristics of a judiciary more cherished and indispensable to justice than the characteristic of impartiality," said Judge J. Charles Thompson, a senior judge from Clark County and the state Supreme Court appointed to consider the matter...
(more at link)

[GollyGeeWhiz]

<snipped>

Originally posted by kimberly325


You're funny!

Thank you!

As far as the organized alleged murder comment, chronic list making is often an indication of a "control freak."

Really? How interesting!

Maybe it really was about "getting the last word" and "controlling the situation to suit him best."

That's a likely scenario, though I think it's also likely he snapped ... at least where Charla was concerned. I wonder if there's such a thing as a ... premeditated crime of passion?

Yes, GGW, we all make choices and DM's range of questionable choices began long before Charla's death.

ITA, Kimberly.



GGW

The article in today's paper (Toby has the link above) stated some things I hadn't heard before. I don't see where they have been addressed in this forum, not sure. Here is a quote from the paper:

(snip)

Dan Osborne, Mack's friend who was staying with him, testified Charla Mack had arrived at the condo in her Lexus sport utility vehicle with the couple's daughter on June 12. After Mack, Osborne and the girl went inside, Mack said he wanted to talk to the girl's mother and grabbed a paper bag.

About 15 to 20 minutes later, Osborne testified, he heard his dog yelping. Mack, he said, then came into the home and had a towel wrapped around his hand. Osborne's dog, Rusty, had blood all over him, and Mack had a "weird" look on his face, like he was scared, he said.

While Mack went upstairs to his bedroom, Osborne took the girl and left. Soon, Mack called and asked to meet at a south Reno Starbucks. After the meeting, Osborne took the girl to Mack's mother's home and called police, stating he was worried something happened to Charla.

Detective Dave Jenkins found drops of blood by Mack's garage. He opened it and found Charla Mack, dead, face down in a pool of blood. Her Lexus had been driven from the street into the garage with her dog still in the back seat. Bloodied drag marks were found,


(snip)
---------------

I didn't know about the paper bag, that her Lexus had been parked in the street before being moved to the garage, and that her dog was still in the back seat.

Those things were new to me. Also, his to-do list had "move Lex to garage." No, no premediation here.

[GollyGeeWhiz]

Originally posted by pussycat
In addition to the $10,000 Darren was ordered to pay the following:

1st mortgage, 2nd mortgage, property taxes, lawn, gas, electric, pool, Jacuzzi, TV / satellite, house insurance, health insurance water, alarm, garbage, pest control, telephone.

The financial estimates I’ve seen look basically like this:

$44,000 - gross income



15,000 - income taxes

9,000 - 1st and 2nd mortgage

5,000 - other items on the list

10,000 - actual labled “spousal support”

849 - child support from 2nd marriage

1000 - child support from 1st marriage.

6000 - interest paymts on bank loan and other misc expences


$46,849 - TOTAL OF THOSE EXPENSES


- $2, 849 - TOTAL NET INCOME TO THIS POINT

In addition the cost of attorneys for fighting with one wife and one ex wife, etc. (both apparently somehow in front of Weller) was estimated at $15,000 per month. And by the time he paid for his own apartment, vehicle and living expenses he had a negative income of approximatly $20,000 to $24,000 each month.

Sounds pretty “fair” to me, eh?

Cat,

Darren's "apartment" was a luxury condo that I believe was his and not a rental. It would seem that he, too, wanted to continue to live in rather high style.

The "living expenses" you reference ... would those include the reported once or twice monthly attendance at out-of-town "swingers" gatherings, trips on which he reportedly took dates or girlfriends (and paid their way, presumably)?

In the interest of fairness, why is it that Charla was expected to give up her lifestyle, but Darren was not?

I'm playing a bit of devil's advocate here, but seriously ... let's not try to portray Darren, post-separation from Charla, as materially deprived in any way.



GGW

[GollyGeeWhiz]

Originally posted by Tonja
I just heard, a Las Vegas judge has ruled that all of the Washoe County Judges are recused from hearing Darren Mack's criminal case.

I'm not surprised, but I can't imagine it will matter. My guess is that the evidence will speak for itself regardless of where the trial is held or who hears it.

[magpie1]

Originally posted by mphillips
The money Darren was to pay Charla was for 5 YEARS not 5 months.

PUSSYCAT, I was not incorrect about the other issues with the monetary breakdown because I never addressed it, other than the length of the support. Please do not put words into my mouth.

Darren also had other businesses, one was a public storage unit which was sold less than a year ago for approx 250,000.

He had another business..which I cant recall what exactly it was, something to the effect like another storage complex. Charla told me what it was but I cant recall.

Darren also owned four homes as of last year one of which was in Palm Springs which is why LE thought he may have gone there after the incident.

Mark,
I was aware of the Palm Springs home. I think it's actually a bit outside of Palm Springs in an area called La Quinta, an area of luxury homes and golf courses.

I've wondered if law enforcement has checked out the La Quinta home as a place where Darren could have stashed the rented Ford Explorer? That vehicle could be parked in the garage at the La Quinta house.

Darren Mack could have taken a bus from the La Quinta/Palm Springs area to San Diego, and then across the border. It would be about a 2 and a half hour trip.

If you're in contact with the Reno law enforcement, you might want to ask if the La Quinta home has been checked for the missing Ford Explorer.

Great point mag...I will check on that

[TobyTiger]

Originally posted by magpie1



I've wondered if law enforcement has checked out the La Quinta home as a place where Darren could have stashed the rented Ford Explorer? That vehicle could be parked in the garage at the La Quinta house.

Darren Mack could have taken a bus from the La Quinta/Palm Springs area to San Diego, and then across the border. It would be about a 2 and a half hour trip.

If you're in contact with the Reno law enforcement, you might want to ask if the La Quinta home has been checked for the missing Ford Explorer.

Great catch magpie! Normally, that property would've been one of the first places to be checked, however you never know. The Explorer has to be somewhere enroute to Mexico...and he still had the key to it when he was captured.

[magpie1]

Originally posted by NevadaMom
The article in today's paper (Toby has the link above) stated some things I hadn't heard before. I don't see where they have been addressed in this forum, not sure. Here is a quote from the paper:

(snip)

Dan Osborne, Mack's friend who was staying with him, testified Charla Mack had arrived at the condo in her Lexus sport utility vehicle with the couple's daughter on June 12. After Mack, Osborne and the girl went inside, Mack said he wanted to talk to the girl's mother and grabbed a paper bag.

About 15 to 20 minutes later, Osborne testified, he heard his dog yelping. Mack, he said, then came into the home and had a towel wrapped around his hand. Osborne's dog, Rusty, had blood all over him, and Mack had a "weird" look on his face, like he was scared, he said.

While Mack went upstairs to his bedroom, Osborne took the girl and left. Soon, Mack called and asked to meet at a south Reno Starbucks. After the meeting, Osborne took the girl to Mack's mother's home and called police, stating he was worried something happened to Charla.

Detective Dave Jenkins found drops of blood by Mack's garage. He opened it and found Charla Mack, dead, face down in a pool of blood. Her Lexus had been driven from the street into the garage with her dog still in the back seat. Bloodied drag marks were found,


(snip)
---------------

I didn't know about the paper bag, that her Lexus had been parked in the street before being moved to the garage, and that her dog was still in the back seat.

Those things were new to me. Also, his to-do list had "move Lex to garage." No, no premediation here.

Interesting article! I don't think the paper bag had been mentioned before or that Charla's dog was still in her Lexus. I think I do recall mention that her car was parked in the street or driveway from one of the original articles.

I wonder if the murder weapon was in the paper bag? I remember an article in the first few days after the murder in which police stated that they found items from the crime scene tossed along the highway west of Reno on I-80. It was later stated that Charla's cell phone was among the items found, but the police declined to state what other items were found. I've always wondered if the knife/dagger was among the items found?

The "to do" list is very incriminating!

[magpie1]

Originally posted by mphillips
Great point mag...I will check on that

Mark,
If you check with the Reno authorities, can you let us know if the garage at the La Quinta home was checked for the missing Explorer?

[magpie1]

Originally posted by TobyTiger

Great catch magpie! Normally, that property would've been one of the first places to be checked, however you never know. The Explorer has to be somewhere enroute to Mexico...and he still had the key to it when he was captured.

TobyTiger,
I would have thought so too, but it occured to me that the Reno LE would contact the Palm Springs LE and they would at least check out the house to see if anyone was there. To enter the home would take a search warrant. So, one wonders if the local LE only checked to see if anyone was in residence, or if they DID get a search warrant and check out the interior.

Another possibility............It would seem likely that the Macks would have a vehicle at the La Qunita house for use while they were there. They could fly back and forth between Reno and Palm Springs.

Mack could have driven to La Quinta and exchanged the Ford Explorer for the vehicle kept there, and driven that vehicle over the border. Wasn't the bus ticket the police found for Ensenada to La Paz or Cabo San Lucas? The vehicle usually kept at La Quinta could have been left in Ensenada.

Originally posted by GollyGeeWhiz


I'm not surprised, but I can't imagine it will matter. My guess is that the evidence will speak for itself regardless of where the trial is held or who hears it.

For all I care, the trial can be held in hell. The results will be the same and will be determined by reasonably minded jurors, looking at the evidence.

Originally posted by magpie1


Interesting article! I don't think the paper bag had been mentioned before or that Charla's dog was still in her Lexus. I think I do recall mention that her car was parked in the street or driveway from one of the original articles.

I wonder if the murder weapon was in the paper bag? I remember an article in the first few days after the murder in which police stated that they found items from the crime scene tossed along the highway west of Reno on I-80. It was later stated that Charla's cell phone was among the items found, but the police declined to state what other items were found. I've always wondered if the knife/dagger was among the items found?

The "to do" list is very incriminating!

I always assumed that the car was in the driveway, but I don't know where I got that. Now we know it was in the street. I wonder which side of the street. The townhouse buildings are arranged in a maze-type pattern and Charla could have driven there via multiple ways, ending up with her car parked on either side of the street.

I think LE said they have never recovered the weapon. Not sure.

[TobyTiger]

Originally posted by magpie1


TobyTiger,

(snipped for space)

Mack could have driven to La Quinta and exchanged the Ford Explorer for the vehicle kept there, and driven that vehicle over the border. Wasn't the bus ticket the police found for Ensenada to La Paz or Cabo San Lucas? The vehicle usually kept at La Quinta could have been left in Ensenada.

I don't know if he would've taken a vehicle his family owned into Mexico as opposed to taking the rental vehicle. U.S. auto insurance is not valid in Mexico. In addition, he still had the keys to the Explorer on him when he was captured. Therefore it would seem that he parked it somewhere he thought at some point he could return to and retrieve the vehicle. Otherwise, why not just leave the keys in the vehicle if the intent was to completely abandon it? Ensenada is the furthest point in Mexico where a rental car can be taken. Driving any further would've drawn the attention of Mexican LE. I do agree however, that he could've stopped off at that house en route to Mexico, and taken the Greyhound to Calexico, rather than going through the border crossing south of San Diego. Hopefully at some point we will find out exactly what he did do...

[TobyTiger]

Chief Justice to Pick Judge in Mack Trial

Nevada's chief justice will assign a judge to preside over the trial of Reno businessman Darren Mack, after a senior judge on Thursday disqualified members of the Washoe County bench from being involved.

Bill Gang, Nevada Supreme Court spokesman, said the appointment would be made as soon as possible by Chief Justice Robert E. Rose. Mack's arraignment was set for Sept. 13 in Reno...
(more at link)

[GollyGeeWhiz]

Toby ... thanks for supplying all the links.

I read the RGJ on-line, and not every day, so it's difficult for me to tell some days what I've read and what I haven't regarding this case.

As an aside, gotta love the expression on Mack's face in the picture at your link. Yikes.

[TobyTiger]

Originally posted by GollyGeeWhiz
Toby ... thanks for supplying all the links.

I read the RGJ on-line, and not every day, so it's difficult for me to tell some days what I've read and what I haven't regarding this case.

As an aside, gotta love the expression on Mack's face in the picture at your link. Yikes.

You're quite welcome...I'm trying to keep up on all the latest going on with this case, which I've followed since day one. His picture sure has changed from the one of him smiling, that was used by the media when he was a fugitive. So far, however, his attorney is doing a good job on behalf of his client, saying that he will continue to seek a court-ordered mental competency evaluation for Mack. It seems that is the line of defense which he intends to pursue...

[magpie1]

TobyTiger,
Thanks for the link! Interesting article!

It would appear that the defense request for a psychiatric evaluation may be an indication that the defense will argue temporary insanity, or a crime of passion defense.

I do feel that the trial should be moved out of Reno. It will be difficult to find a jury in Reno, who doesn't know someone involved, or because of the notority of the case hasn't read/heard the media reports and formed an opinion of guilty/not guility.

The only concern I have about Las Vegas is that Darren Mack has relatives there that may be influencial in the community. One was or is a Las Vegas city councilman and one owns a large, well-known pawn shop.

[magpie1]

Originally posted by TobyTiger

I don't know if he would've taken a vehicle his family owned into Mexico as opposed to taking the rental vehicle. U.S. auto insurance is not valid in Mexico. In addition, he still had the keys to the Explorer on him when he was captured. Therefore it would seem that he parked it somewhere he thought at some point he could return to and retrieve the vehicle. Otherwise, why not just leave the keys in the vehicle if the intent was to completely abandon it? Ensenada is the furthest point in Mexico where a rental car can be taken. Driving any further would've drawn the attention of Mexican LE. I do agree however, that he could've stopped off at that house en route to Mexico, and taken the Greyhound to Calexico, rather than going through the border crossing south of San Diego. Hopefully at some point we will find out exactly what he did do...

TobyTiger,
I'm inclined to believe Darren may have driven to Palm Springs/La Quinta and left the Ford Explorer there, hidden in the garage. I had forgotten about him having the keys. I think the fact that the keys to the Explorer were with him at the time of his arrest, is a good indication that it was the last vehicle he drove.

Darren may have been under the misconception that the murder and shooting of Judge Weller would be a local Reno news story, and that the house in La Quinta was unknown to the authorities. He may have believed that returning to La Quinta and retrieving the Explorer at some point was an option.
Once in a hotel in Mexico, he may have seen media reports and then realized that returning to the U.S. was too risky.

[TobyTiger]

Originally posted by magpie1
TobyTiger,
Thanks for the link! Interesting article!

It would appear that the defense request for a psychiatric evaluation may be an indication that the defense will argue temporary insanity, or a crime of passion defense.

I do feel that the trial should be moved out of Reno. It will be difficult to find a jury in Reno, who doesn't know someone involved, or because of the notority of the case hasn't read/heard the media reports and formed an opinion of guilty/not guility.

The only concern I have about Las Vegas is that Darren Mack has relatives there that may be influencial in the community. One was or is a Las Vegas city councilman and one owns a large, well-known pawn shop.

You're welcome! Yes it does appear that is the route the defense intends to go. I agree the case should be moved out of Reno. Clark County (Las Vegas) still has the largest population of any county in Nevada. Despite some familiy ties in that area, the diversity of citizens may be more open minded to Darren Mack's lifestyle and to his defense. Certainly don't want the jury pool from a rural area in eastern Nevada near the Utah border!

[TobyTiger]

The case of Darren Mack is being discussed on Catherine Crier!!

Will be re-run at 5:00pm PT today...

[TobyTiger]

Dan Osborne's testimony (video) from the preliminary hearing is on Catherine Crier's program...
He had only lived with Darren Mack for two weeks.
Mack had discussed with him his displeasure with Judge Weller.

Mack's attorney Scott Freeman is also on...
Wants two competent psychiatrists to evaluate Mack's mental health.
Won't discuss the case or his theory as to whether he is going to say Mack is not guilty or use a diminished capacity defense.
Very pleased that a new 'outside' judge will be hearing the case.

[TobyTiger]

Catherine Crier also brought up the subject of Darren Mack's bout with meningitis and whether that could contribute to his lowered 'anger' threshold... Scott Freeman acknowledged he had heard of this being a possibility 'in other cases' but would not divulge if that was what he intended to use as a defense.

Well, I hope no jury buys a "Meningitis Defense". I guess that's the only defense available.

[TobyTiger]

Originally posted by LNL
Well, I hope no jury buys a "Meningitis Defense". I guess that's the only defense available.

I actually never had thought of that illness producing long-term neurological disorders which could manifest into this type of homicide. Time to go study...

Originally posted by TobyTiger

I actually never had thought of that illness producing long-term neurological disorders which could manifest into this type of homicide. Time to go study...

It sounds like a realllly long stretch to me.

Pretty soon we will have a "Migrane" defense.

[TobyTiger]

Top 20 Questions About Meningitis

Scroll to Question #8: What are the after effects of meningitis?

[TobyTiger]

Originally posted by LNL

It sounds like a realllly long stretch to me.

Pretty soon we will have a "Migrane" defense.

It sure does...maybe the "Twinkie" defense will recur!

:lol:

I don't think the aggression noted in #8 would fit with premeditated murder.

How long ago did he have menigitis?