The Trial Begins

[TobyTiger]

Day One of Jury Selection

COURTROOM TO BE FULL AS JURY SELECTION STARTS

RENO GAZETTE-JOURNAL
Posted: 10/1/2007

Judge: Douglas Herndon

Prosecutor: Robert Daskas
Prosecutor: Christopher Lalli

Defender: Scott Freeman
Defender: David Z. Chesnoff

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.

Want to sit in on the trial?
Passes for members of the public who wish to attend Darren Mack's trial will be handed out each day beginning at 8 a.m. by the court administration in room 220 on the second floor of the Washoe District Court. Passes will be given on a first-come basis.

Beginning today, a stretch of Virginia Street in front of the Washoe District Court will be lined with large satellite television vans as jury selection begins in Darren Mack's trial on charges of murder and attempted murder.

National, state and local news organizations will pack the courtroom as prosecutors and defense lawyers begin questioning potential jurors to decide the fate of the

45-year-old pawn shop owner, charged with fatally stabbing his 39-year-old estranged wife, Charla, and shooting their divorce judge, Chuck Weller.

Weller was shot in the chest as he stood in his third-floor chambers on the morning of June 12, 2006. Hours later, detectives found Charla Mack's body on the floor of a townhouse that Darren Mack was renting.

Mack pleaded not guilty and not guilty by reason of insanity. Jury selection is expected to run at least three days. If an impartial jury is seated, the trial will begin and last about four weeks.

The court has established a list of rules for the players to follow as the trial begins.

Members of the public and family members must pick up passes to attend the trial. Everyone entering the courtroom will be relegated to specific seats, depending on their passes.

Video and still photography each will be limited to one camera, which will share its film with other media outlets. All members of the media must register with the court and wear badges.

According to the Court Decorum Order signed by Judge Douglas Herndon, 14 members of the media will be allowed to attend the jury-selection phase. The judge also initially allowed eight passes for the public, but said that number will be increased during jury selection.

Passes also will be given to court staff, family members on both sides and support staff for the defense lawyers and prosecution.

The number of passes will increase during the trial. Up to

32 members of the public will be allowed in at that point.

People attending the trial are prohibited from wearing pins, buttons, signs or clothing that expresses any statement for or against anyone involved in the case. No one will be allowed to enter the courtroom carrying newspapers or magazines, the judge's order said.

Once the court session begins, the judge has asked that those attending remain seated and leave only during breaks.

While today's hearing will start at 10 a.m., the judge plans to run the trial on most days from 8:30 a.m. to 2:30 p.m. He will allow breaks every 90 minutes, but will not hold a formal lunch break because of the early release each day.

[TobyTiger]

MACK JURY SELECTION UNDERWAY - 5 DISMISSED

RENO GAZETTE-JOURNAL
Posted: 10/1/2007


Before any prospective jurors were invited into the courtroom this morning, Darren Mack’s defense team renewed its request to move the case out of Washoe County.

But after hearing arguments from both sides, Judge Douglas Herndon turned them down.

David Chesnoff also told the judge that they planned today to again ask the court to split the case and try Mack separately on the murder and attempted murder charges.

He said at the next break he would offer new arguments to have two separate trials.

Mack is charged with killing his estranged wife Charla and shooting their divorce judge Chuck Weller.

In asking to send the case to Las Vegas, Chesnoff handed the judge a copy of today’s Reno Gazette-Journal, which contained a half-page photograph of Mack being led into a courtroom and announces the start of jury selection.

Besides the story, Chesnoff said the motion they filed this morning also included a pile of news articles and information from blogs and web sites about the Mack case.

Although Nevada law requires the court to try to seat a jury before a change of venue is granted, Chesnoff said the attention on this case has been so intense that the judge should move the trial right away.

“There’s a compelling need to give the defendant a fair trial,” Chesnoff said. “I ask you to consider, as a matter of due process, transferring this to another part of the state to avoid even the possibility of having to do this again.”

But Special Prosecutor Robert Daskas urged the judge to wait.

“Our point is, let’s at least try,” Daskas said. “If we can’t get Mr. Mack a fair jury, we’ll pack up and move.”

Herndon said he agreed that there has been significant publicity about the case, but he said he wanted to give the process a chance.

“There’s a lot of people who don’t watch that much news,” Herndon said. “I have to agree with the state -- we need to start questioning these folks.”

The bailiff then opened the door and about 50 prospective jurors filed in. The judge began asking the jurors about their personal experience with the police or court and how they felt about either.

When he asked whether any jurors had formed an opinion about Mack’s guilt or innocence, most raised their hands and said they had.

“I think it’s impossible to not have an opinion with all the coverage of this case,” one woman said.

Most of the jurors also raised their hands when asked if they had read, seen, or listened to media reports on the case.

The judge dismissed five potential jurors by 1:45 p.m.

[magpie1]

I think there's a real likelihood that the trial will be moved to Las Vegas. But, that said, it seems that the philosophy is that even if a potential juror has heard some of the media coverage, are they open-minded enough to listen to both sides of the case and render a fair decision. Based on that philosophy, they could probably seat a jury in Reno, but risk an appeal on the basis that the jury was prejudicial.

[TobyTiger]

Originally Posted by magpie1

I think there's a real likelihood that the trial will be moved to Las Vegas. But, that said, it seems that the philosophy is that even if a potential juror has heard some of the media coverage, are they open-minded enough to listen to both sides of the case and render a fair decision. Based on that philosophy, they could probably seat a jury in Reno, but risk an appeal on the basis that the jury was prejudicial.

I agree, magpie.

The State is going to have to be extremely careful during voir dire that someone isn't accepted onto the jury who may have a hidden prejudice...either against Darren Mack or be one of Mack's allies in his crusade against Judge Weller. A jury could probably be seated in Reno for the murder of Charla, however, it is the attempted murder of Judge Weller that I am more concerned about.

[magpie1]

Originally Posted by TobyTiger

I agree, magpie.

The State is going to have to be extremely careful during voir dire that someone isn't accepted onto the jury who may have a hidden prejudice...either against Darren Mack or be one of Mack's allies in his crusade against Judge Weller. A jury could probably be seated in Reno for the murder of Charla, however, it is the attempted murder of Judge Weller that I am more concerned about.

Toby,
With a high-profile case such as this, does the court rely only on the verbal answers of the potential juror during voir dire, or is there any sort of background information done? What I'm wondering is this: a potential juror fills out the questionnaire, but is there any sort of check to verify the information submitted? If there's no verification, someone could purposely falsify the information given on the questionnaire.

[TobyTiger]

Originally Posted by magpie1

Toby,
With a high-profile case such as this, does the court rely only on the verbal answers of the potential juror during voir dire, or is there any sort of background information done? What I'm wondering is this: a potential juror fills out the questionnaire, but is there any sort of check to verify the information submitted? If there's no verification, someone could purposely falsify the information given on the questionnaire.

Essentially, voir dire is questioning the juror under oath. Of course they could lie, but then it would be perjury.

[TobyTiger]

DAY ONE IN JURY SELECTION YIELDS SIX POTENTIAL JURORS

RENO GAZETTE-JOURNAL
Posted: 10/2/2007

Six potential jurors were chosen in the first day of the process.

WHAT'S NEXT
The jury selection process will continue today as the defense and prosecution work through a list of potential jurors to pick a group of 33. Once that number is reached, each side will make nine peremptory challenges and seat a panel of 12 jurors with three alternates. The process could run until midweek.

Six down, 27 to go.

One by one, prospective jurors in the Darren Mack murder trial were questioned Monday, and many were sent home after saying they had strong opinions about whether Mack is guilty or couldn't accept that mental health issues might have played a part in the crimes.

"The insanity plea? No," said potential juror No. 1 when asked if he could set his opinions aside and be open to possible defenses that Mack might employ. "I think he's a totally sane person."

Potential juror No. 1 was excused.

By the end of the day, six people, three men and three women, were approved for consideration to sit on the jury. Once they pick 33 people, the defense and prosecution will each make nine peremptory challenges to whittle the group to 12 jurors with three alternates.

The process is scheduled to continue today.

Mack is charged with fatally stabbing his estranged wife, Charla, on June 12, 2006, and then shooting their divorce judge, Chuck Weller. Mack has pleaded not guilty and not guilty by reason of insanity.

His lawyers also have suggested the killing might have been done in self defense.

About 50 potential jurors in the first panel answered questions as a group Monday morning and five were immediately let go.

A sixth potential juror was later removed from the list because her daughter went into the hospital that morning.

By afternoon, members of the trimmed-down group were called back individually to face the defense attorneys and prosecutors and share more details about what they know and feel about the case.

One woman who lives near Lake Tahoe said she would like to believe that she could come to the court with an open mind, but admitted she had read or heard too much to be unbiased.

A man said he was affected by the media coverage.

"I don't know how anyone could avoid being swayed by that," the man said. "I don't believe I could be impartial."

Another was excused because she's a full-time student at the University of Nevada, Reno, and sitting on the jury would interfere with her classes.

But six made it through. Among them:


One man is an obstetrician and gynecologist who had left his medical practice in recent years to trade stocks. He said he was open to an insanity plea, adding: "mental illness is a very powerful force," and said he was willing to listen "and do what's right."


Another man is a teacher and full-time student who said he did not believe a person could be temporarily insane, but said he would be willing to hear testimony from experts about whether it was possible.


One of the women chosen had asked on her jury questionnaire: "Why would he flee if he's innocent?" But she told the lawyers that she didn't trust the media to supply accurate information and said she didn't have a definite opinion about Mack's guilt or innocence.


Two other women agreed and were kept on the panel.

Before any prospective jurors were invited into the courtroom, Mack's defense team renewed its request to move the case out of Washoe County. To that end, David Chesnoff handed the judge a copy of Monday's Reno Gazette-Journal, which contained a half-page photograph of Mack being led into a courtroom and announced the start of jury selection.

Besides the story, Chesnoff said the motion they filed Monday morning also included a pile of news articles and information from blogs and Web sites about the Mack case.

Although Nevada law requires the court to try to seat a jury before a change of venue is granted, Chesnoff said the attention on this case has been so intense that the judge should move the trial right away.

"There's a compelling need to give the defendant a fair trial," Chesnoff said. "I ask you to consider, as a matter of due process, transferring this to another part of the state to avoid even the possibility of having to do this again."

But Special Prosecutor Robert Daskas urged the judge to wait.

"Our point is, let's at least try," Daskas said. "If we can't get Mr. Mack a fair jury, we'll pack up and move."

Judge Douglas Herndon said he agreed that there has been significant publicity about the case, but he said he wanted to give the process a chance.

"There's a lot of people who don't watch that much news," Herndon said. "I have to agree with the state."

[magpie1]

Judge angered by Mack jury selection pace

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/2/2007

Three more people were approved this afternoon to sit on the Darren Mack murder trial, bringing the total for the day to six out of 34 questioned individually during a painfully slow process that tested the patience of the judge.

When added to yesterday’s six, the court has approved 12 potential jurors as they work toward a total of 35. That number grew by two since yesterday, after the prosecution and defense were each granted an additional preemptory challenge.

Once 35 are chosen, both sides will excuse 10 jurors each without giving a reason, leaving a panel of 12 with three alternates.

Mack, a 46-year-old pawn shop owner, is charged with killing his estranged wife, Charla, and shooting sniper-style their divorce judge, Chuck Weller. He has pleaded not guilty and not guilty by reason of insanity.

Questioning is scheduled to start again Wednesday at 8:30 a.m. with a new batch of about 50.

As each of the potential jurors were escorted into the courtroom, they were asked to share their thoughts on the case, and, at times, reveal extremely personal information, ranging from divorces, previous arrests, work, and girlfriends or husbands.

Mack’s lawyers, David Chesnoff and Scott Freeman, have asked the court to move the case out of the area because of the intense media coverage, and pressed potential jurors about their ability to hear the case without having formed an opinion.

Special prosecutors Christopher Lalli and Robert Daskas have argued that the court should try to find an unbiased panel and aggressively countered many of the defense lawyers’ questions to see if the person could be approved.

By mid-afternoon, Judge Douglas Herndon scolded both two sides for bouncing back and forth with their questions, which sometimes kept the individuals sitting in the hot seat for 20 minutes.

“We’re going to be here for three weeks,” he told the sides with a stern voice.

While some took a long time to be excused or approved, many were released quickly after stating firmly that they believed Mack committed the crimes.

“Do you have an opinion about Mr. Mack’s guilt?” Lalli asked one man.
“Yes,” he responded. “I could try to set it aside but probably it’s always going to be there.”

Another man said the media coverage has had a powerful impact on the region.

“With the notoriety this case has, you’d probably have to be in Australia to not know about it,” the man said.

“I couldn’t have said it any better,” Freeman responded.

Two were dismissed for different reasons: one woman said she didn’t like the police and another said she faints at the sight of or while hearing about medical issues involving blood.

Herndon agreed that having a juror faint during trial would be a problem.

One man who was accepted in the afternoon, a small-business owner, said although he knew about the case, he had not formed an opinion.
“I don’t know what is fact or fiction,” the man said of the media coverage. “Nothing has gone on in my mind one way or another.”

Another man selected initially said sitting on the jury for four weeks would be tough on his new business, which he hopes to open by Nov. 1. But after Herndon declined dismissing him for that reason, the man said he would do a good job if picked to serve.

http://news.rgj.com/apps/pbcs.dll/ar...m/breakingnews

[TobyTiger]

JURY SELECTION CONTINUES IN MACK MURDER TRIAL

Today: October 03, 2007 at 15:40:4 PDT

Jury selection in the case of a man charged with killing his estranged wife and shooting the judge handling their divorce entered its third day on Wednesday with attorneys questioning a second panel of prospective jurors.

The first two days of the trial of Darren Mack resulted in the tentative seating of 12 jurors from a panel of 52.

Another 33 prospective jurors received instructions from the judge on Wednesday before attorneys began questioning them individually.

About 400 potential jurors filled out questionnaires. Some 70 were eliminated on the basis of their answers before selection even began.

On Wednesday, District Judge Douglas Herndon sought a show of hands when he asked such questions as whether prospective jurors had close friends or relatives who had been arrested, whether they knew any people on the list of 200 prospective witnesses or whether they would give more or less credence to testimony from a police officer.

The judge and the attorneys also asked personal questions about divorces or custody fights since Mack and his wife Charla were in the midst of both.

While most of the potential jurors said on their questionnaires they were familiar with the case, fewer than one-third raised their hands when the judge asked if they had read or heard reports since they filled out the questionnaire.

Mack, 46, formerly a wealthy pawn shop owner, is charged with killing his wife in June 2006. After allegedly stabbing her to death in the garage of Mack's town house, authorities say he drove to downtown Reno where he shot and wounded Family Court Judge Chuck Weller, who was handling their bitter divorce. The judge recovered.

Mack has pleaded not guilty and not guilty by reason of insanity to charges of murder and attempted murder. If convicted, he faces a sentence of life in prison without possible parole, life with the possibility of parole or 50 years.

The first two prospective jurors on Wednesday were dismissed after indicating they would be most likely to prefer a sentence of life without parole.

[TobyTiger]

ONE MORE JUROR SELECTED

The only potential juror selected this morning in the Darren Mack trial had his own history with murder and mental illness: His sister-in-law was charged with killing her two children by poison gas, and sent to a mental institution for eight or nine years.

The questioning process can get pretty personal at times.

After calling in the next batch of potential jurors to meet the prosecutors and defense lawyers this morning, jurors were escorted in one at a time to share their thoughts on the case, and reveal pieces of their background that could influence their ability to serve on the trial.

Of the seven questioned before the lunch break, only one was picked.
Some were released quickly, after their answers showed a strong opinion concerning Mack’s guilt.

But some interviews, including the one with the man with the mentally ill sister-in-law, took 10, 20 or even 45 minutes, slowing the selection process to a crawl.

In his case, the sister was found not guilty by reason of insanity, he said, but he did not have an opinion about whether that was an appropriate outcome.

Mack is charged with killing his estranged wife, Charla, on June 12, 2006, and then shooting their divorce judge, Chuck Weller. He has pleaded not guilty and not guilty by reason of insanity.

Then juror selected today brings the total so far to 13. If the goal of 35 is reached, the prosecution and defense will each excuse 10, leaving a panel of 12 with three alternates.

One was excused because of a hearing problem, and two women were let go after stating that they were adamant in their belief that a person convicted of first-degree murder must spend the rest of his or her life in prison.

Under Nevada law, jurors must be willing to consider two other options: life with parole or a 50-year term.

[TobyTiger]

UPDATE!

JUDGE TO RULE THURSDAY ON MOVING MACK TRIAL FROM RENO

RENO, Nev. - With less than half the potential jurors needed passing muster after three days of jury selection, the judge in Darren Mack's murder trial said Wednesday his optimism is waning about the ability to give Mack a fair trial without moving the case elsewhere.

District Court Judge Douglas Herndon said he would rule Thursday morning on defense attorneys' latest motion to move the trial to Las Vegas due to extensive pretrial publicity of the formerly wealthy Reno pawn shop owner accused of murdering his wife and shooting the judge handling their bitter divorce.

By the end of another full day of questioning, Herndon seated only one new potential juror and dismissed another previously seated after learning about some misleading statements he made to the court.

"We've been through 15 and we only have one," Herndon said after Mack's defense lawyers again called for a change in venue Wednesday afternoon. "My optimism this morning has decreased through the day."

Mack lawyer David Chesnoff told the Reno Gazette-Journal the defense has been concerned about some of the answers they've heard from some potential jurors, and said there may be "less than candid people who were more interested in being on the jury than being forthright with us."

Starting with a panel of 52, the first two days of the trial resulted in the tentative seating of 12 jurors of the total of 35 they are seeking.

If 35 are approved, the prosecution and defense will each excuse 10, leaving a panel of 12 with three alternates.

On Wednesday, the judge sought a show of hands when he asked such questions as whether prospective jurors had close friends or relatives who had been arrested, whether they knew any people on the list of 200 prospective witnesses or whether they would give more or less credence to testimony from a police officer.

The judge and the attorneys also asked personal questions about divorces or custody fights since Mack and his wife Charla were in the midst of both.

While most of the potential jurors said on their questionnaires they were familiar with the case, fewer than one-third raised their hands when the judge asked if they had read or heard reports since they filled out the questionnaire.

Mack, 46, is charged with killing his wife in June 2006. After allegedly stabbing her to death in the garage of Mack's town house, authorities say he drove to downtown Reno where he shot and wounded Family Court Judge Chuck Weller, who was handling their bitter divorce. The judge recovered.

Mack has pleaded not guilty and not guilty by reason of insanity to charges of murder and attempted murder. If convicted, he faces a sentence of life in prison without possible parole, life with the possibility of parole or 50 years.

The first two prospective jurors on Wednesday were dismissed after indicating they would be most likely to prefer a sentence of life without parole.

[magpie1]

Judge orders Mack trial moved to Las Vegas

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/4/2007

The Darren Mack murder trial will be held in Las Vegas.

Judge Douglas Herndon ruled this morning that after three days of a slow and arduous jury selection process, it will be too difficult to try to seat a jury in Washoe County, and in order to ensure a fair trial, the trial must be moved.

“I think it’s apparent there’s a reasonable likelihood that an impartial panel cannot be found here,” Herndon said, adding that there’s been “a pervasive amount of publicity that would compromise the case.”

“For those reasons, a change of venue is warranted,” he said.

He said they would work out a jury questionnaire for people in Clark County this week and begin jury selection in Las Vegas on Oct. 15.

Mack is charged with killing his estranged wife, Charla, on June 12, 2006, and with shooting their divorce judge, Chuck Weller.

Jury selection began in Washoe District Court on Monday, but only 12 potential jurors have been selected. They need 35.

http://news.rgj.com/apps/pbcs.dll/ar...EWS18/71004009

[magpie1]

I don't think many of us are surprised that the trial is being moved to Las Vegas. I am surprised that the trial is to resume on October 15th with jury selection in Las Vegas. I expected the move to another jurisdiction would delay the start of the trial by months. Perhaps the judge anticipated the likelihood that the move would be made and plans were in place should that decision be made.

[TobyTiger]

Originally Posted by magpie1

I don't think many of us are surprised that the trial is being moved to Las Vegas. I am surprised that the trial is to resume on October 15th with jury selection in Las Vegas. I expected the move to another jurisdiction would delay the start of the trial by months. Perhaps the judge anticipated the likelihood that the move would be made and plans were in place should that decision be made.

I predicted this, and I also believe that the Judge and DA also anticipated the outcome of jury selection in Washoe County, however did not want to grant the defense request until trying to seat a jury there. Remember also that the Judge and DA are from Clark County.

[TobyTiger]

JUDGE EXPLAINS WHY HE MOVED MACK TRIAL


After a series of sleepless nights, Judge Douglas Herndon said today that he must give up what may have been a stubborn attempt to keep the case in Washoe County and move the Darren Mack murder trial to Las Vegas.

He plans to work with the court to send out juror questionnaires and begin jury selection in the Clark County District Court on Oct. 15.

“I was still optimistic going into Monday and confident about our ability to get a jury here,” Herndon said during a long explanation before granting the defense motion for a change of venue. “I’ve said all along that I have a strong desire that the trial should stay here.”

“The people of this community should have the ability to oversee the adjudication of its criminal cases.”

However, he said, Monday was slow and Tuesday was worse.

“And when we began Wednesday, I was still holding tight to my belief that with time, we could get this done,” he said Thursday. “But yesterday was just a disaster.”

By this morning, he said, he was clear that he was ready to make the decision and move the trial.

“I believe enough efforts have been make to have an understanding of where we are,” he said.

Changes of venue are rare in Nevada — and the law requires that an attempt to seat a jury be made first. But a number of factors came into play to make this an unusual case, he said.

For one, when the defense filed its motion, it included 144 articles about the case from the Reno Gazette-Journal alone, and another 242 television stories on the case.

“Those are massive amounts of media reports in my opinion,” Herndon said, adding that it didn’t include the national media, the 48 Hours show, or other outlets, including blogs.

That’s compared with the 66 news articles included when Priscilla Ford’s lawyers tried to move her case out of the region. Ford was sentenced to death after being convicted in 1982 on six counts of murder. Ford drove her Lincoln Continental onto a crowded sidewalk on Thanksgiving Day in 1980. A seventh victim died later.

Another factor, Herndon said, was the prominence of many of the players involved: Mack and his family are well-known in the community; and Judge Chuck Weller and Washoe District Attorney Richard Gammick have high-profile positions and were elected to their posts.

And the crime itself was sensational: the killing of a young mother allegedly by her estranged husband while their daughter was upstairs, and the shooting of a judge.

When all of those pieces came together with the fact that most people questioned had knowledge of the case, “we had an uphill battle.”

“So let’s cobble together a jury of people with the least amount of knowledge about it?” he said. “That’s a difficult way to begin to try to put together a jury.”

[GollyGeeWhiz]

Hi Toby & Magpie

I have to believe they'll run into at least some problem in Vegas finding 'impartial' jurors. The Mack family is also somewhat high profile down there, plus the very nature of this case makes it notable and memorable. Heck, even 48 Hours (if I remember correctly) has done a feature on it.

Sounds like it's going to cost a fortune, too, to move the thing down south.

GGW

[TobyTiger]

Originally Posted by GollyGeeWhiz

Hi Toby & Magpie

I have to believe they'll run into at least some problem in Vegas finding 'impartial' jurors. The Mack family is also somewhat high profile down there, plus the very nature of this case makes it notable and memorable. Heck, even 48 Hours (if I remember correctly) has done a feature on it.

Sounds like it's going to cost a fortune, too, to move the thing down south.

GGW

Greetings GGW!


I would imagine there would be several potential jurors in Clark County who have heard of the case, or knew one of Darren Mack's relatives was on the City Council and/or have heard of the Mack family.

However it is a much larger jury pool than in Washoe County, and Judge Weller isn't known there. I don't believe cost will enter into this as much as some other cases with a change of venue as Judge Herndon and the DA are based in Las Vegas, as well as Mack's attorney(s).

[magpie1]

Originally Posted by GollyGeeWhiz

Hi Toby & Magpie

I have to believe they'll run into at least some problem in Vegas finding 'impartial' jurors. The Mack family is also somewhat high profile down there, plus the very nature of this case makes it notable and memorable. Heck, even 48 Hours (if I remember correctly) has done a feature on it.

Sounds like it's going to cost a fortune, too, to move the thing down south.

GGW

Hi GollyGeeWhiz,

I think it will be far easier to find a jury in Las Vegas, given it's size and that it's at least some distance from Reno.

From an expense point of view..........with the prosecution having over 200 potential witnesses, that will need to be brought to Las Vegas, it's going to get expensive with transportation and lodging for each of them!

[GollyGeeWhiz]

It will continue to be interesting, that's for sure. In trying to imagine the coordination involved in arranging for 200+ witnesses to be in a Las Vegas courtroom on the right dates, at the right times ... well, I sure wouldn't want that job.

I guess I'll see you back here on the 15th when the trial resumes. (Or before that if there are any more surprises in the case, which would be par for the course!)

GGW

[TobyTiger]

Originally Posted by GollyGeeWhiz

It will continue to be interesting, that's for sure. In trying to imagine the coordination involved in arranging for 200+ witnesses to be in a Las Vegas courtroom on the right dates, at the right times ... well, I sure wouldn't want that job.

I guess I'll see you back here on the 15th when the trial resumes. (Or before that if there are any more surprises in the case, which would be par for the course!)

GGW

You are correct....that is the hardest part of having a COV. However, in this case it must be done and I'm sure it is something the State has been anticipating both in budget and scheduling.

[TobyTiger]

Additional information relative to the cost of moving the trial to Las Vegas:

"Washoe District Chief Judge Jerry Polaha said having a judge order a move like this is unprecedented in Washoe County.

"I haven't seen it happen," Polaha said.

Sending the trial across the state is expected to cost the county an extra $100,000, said Kathy Carter, a county spokeswoman.

"It's very vague at this time," Carter said. "But we know the costs will be at least $100,000."

That total includes moving the evidence, flying witnesses south and paying for their lodging, as well as paying the salaries of the two special prosecutors, she said. And it comes at a bad time, she said.

The additional cost comes as Washoe County officials grapple with $14 million spending shortfall, and departments have been forced to cut their budgets by 5 percent, Carter said.

Carter said they will need to go to the board and ask to tap the county's contingency fund -- a fund that sits at a frighteningly low $500,000.

"It's a bad time any time," she said, "but yes, budget wise, it's a very bad time."

"But public safety is the responsibility of county government," she said, including paying for the courts. "It's something we have to do."

There will be no additional cost to the state because of the change in venue, said Bill Gang, spokesman for the Nevada Supreme Court.

"A senior judge already was assigned to hear Judge Herndon's cases and will continue to sit no matter where he hears the trial," Gang said."

http://news.rgj.com/apps/pbcs.dll/ar...710050504/1004

[magpie1]

Thanks Toby,
It looks like this is going to be an expensive case to try, and is coming at a time when they can least afford it.

[TobyTiger]

Originally Posted by magpie1

Thanks Toby,
It looks like this is going to be an expensive case to try, and is coming at a time when they can least afford it.

You're welcome!

I am actually surprised at the financial straits of Washoe County.

[TobyTiger]

Nothing in the news this week...however this article re: jury selection is interesting.

MACK JURY

Reno
Posted: 4:42 PM Oct 10, 2007
Last Updated: 5:02 PM Oct 10, 2007
Reporter: Terri Russell

Professor Jim Richardson is the director of the Sawyer Center at UNR.

In the past he has helped public defenders in both the Priscilla Ford and Gerald Gallegos attempt to get a change of venue. Such fact gathering he says can be invaluable when it comes time to pick a jury.

"Anytime you do change of venue research to try and find out if there is bias and prejudice you end up being able to categorize people or develop ideas about types of people that are more open minded or objective about the case so that in turns out to be valuable information when you are trying to seat a jury."

Richardson says his experience and research in high profile cases tells him the more exposure to a certain case a potential juror has the tougher it is to get an impartial juror.

"The chances are much higher that they have made their mind up about the case. And so if all that publicity has been negative in tone, and that is usually the case by the way. You don't see human interest stories that make you love the defendant. Most of the stuff is horrendous and the media will contain information that is no admissible in court. And so for jurors to see this information that is not admissible in court but to have it part of the mind set is a real problem."

And that's exactly what happened in the Darren Mack case last week. Judge Doug Herndon granted a change of venue because he said it would be nearly impossible to seat a jury in Washoe County. He based his decision in part on media coverage and Mack himself being a high profile defendant in Northern Nevada.

Richardson predicts a jury will be seated in Clark County within a week. There will be the typical questions he says like how much coverage a potential juror has seen....but he says there will also be some underlying criteria both sides will be looking for,.

"The prosecution will probably prefer to have more females on the jury in a domestic violence case or in a case that involves domestic violence. The defense would like to have a lot of folks somewhat similar to Mister Mack himself in terms of social characteristics."

[impartial]

Hi Toby

Marta and Loni are going to be covering the trial, starting Monday.

Looking forward to the trial. Thanks for all of the links, I am now caught up and ready to begin!!!!

[TobyTiger]

Originally Posted by impartial

Hi Toby

Marta and Loni are going to be covering the trial, starting Monday.

Looking forward to the trial. Thanks for all of the links, I am now caught up and ready to begin!!!!

Welcome aboard!!

Great news that KTLA is going to cover the trial. I also have one beginning on Monday....but will be here each evening.

[TobyTiger]

MACK CASE RESUMES MONDAY IN LAS VEGAS

RENO GAZETTE-JOURNAL
Posted: 10/14/2007

About 200 potential jurors who live in Las Vegas filled out questionnaires last week and will begin interviews on Monday to determine whether they can sit on the Darren Mack murder and attempted murder trial.

This is the second go-around for prosecutors, defense lawyers and the judge, who abandoned the process in Reno two weeks ago after hearing again and again from prospective jurors that they had formed an opinion about Mack's guilt and could not set it aside.

To achieve a fair trial, Judge Douglas Herndon said, the case had to move.

The tab for jetting Mack, witnesses and evidence to the other side of the state will likely top $100,000 for an already cash-strapped Washoe County. But as county spokeswoman Kathy Carter said, it's a bill they'll have to pay; public safety is the responsibility of county government.

Mack, a 46-year-old dark-haired businessman with a long face and muscular shoulders, is charged with fatally stabbing his estranged 39-year-old wife, Charla, on June 12, 2006, and shooting, sniper-style, their divorce judge, Chuck Weller.

Mack became one of the FBI's most wanted fugitives when he was on the run for 11 days after the crimes.

Weller, who was hit with shrapnel after the bullet splintered as it broke through the window of his third-floor chambers, was treated, released and stayed in hiding until Mack was securely behind bars in the Washoe County Jail.

He was moved to a new cell in the Clark County Jail on Tuesday, the same day the 200 juror prospects visited the Clark County courthouse to page through forms and check off boxes.

"Have you heard, read or seen any media reports regarding this case?" the prospective jurors were asked. Do you have strong feelings or opinions about Richard Gammick, the form asked. Have you ever filed for or been granted a divorce?

Media saturation

Similar questions asked in Washoe County revealed a community saturated with information on the case and a large number of individuals who had formed an opinion, according to a breakdown that was attached to the change-of-venue motion.

Of the first pile of questionnaires reviewed by the court, which included 237 people, 95 percent said they had heard, read or seen reports on the case.

Most, 38 percent, said they had been exposed to the Mack story more than 20 times, while 20 percent said they had seen or heard of it in the media 10 to 20 times.

Out of that group, 30 percent said Mack was definitely guilty, 18 percent said he was guilty and 20 percent said he was probably guilty.

To emphasize their point about the need to move the trial, Mack's defense lawyers, David Chesnoff and Scott Freeman, attached to the change of venue motion 144 articles that appeared in the Reno Gazette-Journal from June 12, 2006 to Sept. 30, 2007.

They also included 242 television stories that ran in the first few weeks of the crimes.

"Without laying any fault on the citizens of Washoe County, too many salacious and irrelevant yet unforgettable details were revealed," they said in the motion. "Too many witnesses and parties were familiar; too much discourse took place before the first piece of admissible evidence was introduced."

The residents of Washoe County should only have to go through a trial once, they argued. To ensure the fairest trial possible, the trial could not be held here, they said.

Plan down south

The limited interest in the case by Clark County residents and media is evident in the new plans for the coverage of the case now that it will be held in the Regional Justice Center in Las Vegas.

In the Reno courtroom, media were limited to 14 passes during the jury selection process, and fewer public passes were available.

But Las Vegas court spokesman Michael Sommermeyer said he won't be using the pass system. Instead, he said he will simply check in with members of the media who come to court each day.

Besides the Reno Gazette-Journal and several Reno television reporters, producers from national programs including "48 Hours," "Dateline" and Court TV plan to attend.

[magpie1]

My ISP went down for a few days or I would have posted this earlier. This is a link to website called Vinelink, which shows where a person is incarcerated. Last week, on Tuesday, I checked it out and Darren Mack was no longer listed as being in the Reno jail, and was listed as being held in a Clark County jail facility. That was a quick move.

http://www.vinelink.com/vinelink/initMap.do

[magpie1]

Judge denies request to sever Mack counts

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/15/2007

LAS VEGAS – Before bringing in the first batch of prospective jurors this morning, Darren Mack’s lawyers again asked the judge to sever the counts and try Mack separately on the murder and attempted murder charges.

Mack may need to take the stand to explain how he defended himself when describing what happened when his estranged wife, Charla, was killed, said David Chesnoff. But that would open him up to questions from prosecutors concerning the not guilty by reason of insanity defense on the charge of shooting their divorce judge, he said.

“He’s between a rock and a hard place,” Chesnoff told Judge Douglas Herndon.

But Special Prosecutor Christopher Lalli said the defense has raised this issue before, has been denied, and should be denied again.

“Nothing has changed,” Lalli said. “The ruling should stand as it is.”

Chesnoff responded by saying that as the trial date drew closer, it became more clear that raising two different defenses would be complicated. If the judge would not split the cases, Chesnoff asked that he at least limit the prosecution’s cross examination.

Herndon denied the request to sever the counts, and said he would be willing to hear arguments at a later date concerning whether it would be possible to restrict the questioning if Mack takes the stand.

Mack, a 46-year-old pawn shop owner, is charged with killing Charla Mack, on June 12, 2006, and then shooting sniper-style Washoe District Family Court Judge Chuck Weller, who was overseeing their divorce.

Mack has pleaded not guilty and not guilty by reason of insanity.

The trail was moved from Reno to Las Vegas two weeks ago after the court was not able to find an impartial panel.

Herndon said early today that he met with prosecutors and defense lawyers on Friday and excused 30 possible jurors in Las Vegas based on questionnaires they had filled out last week.

They were let go for a variety of reasons, including hardships and expressing strong opinions about the case.

http://news.rgj.com/apps/pbcs.dll/ar...m/breakingnews

[TobyTiger]

Reno Gazette-Journal correspondent Martha Bellisle has been covering the Darren Mack case since 2006. Here is her report from the Clark County courtroom:

A gaggle of Reno reporters migrated south this weekend and will begin their Monday in an unfamiliar courthouse as the new jury selection process in the Darren Mack murder trial begins. About 40 prospective jurors will crowd the courtroom in the Regional Justice Center in downtown Las Vegas to reveal their knowledge of a story that gripped Reno for 15 months. The questioning begins at 10 a.m. and will run through the day. Stay tuned. The RGJ will be updating through the day. posted by Martha Bellisle at 8:07 AM


Two full rows of media, including Dateline, Court TV, 48 Hours, Las Vegas television and Reno reporters, lined the back of the 10th floor courtroom in the Clark County Regional Justice Center (to the right) this morning for the second attempt to find an impartial jury to decide Darren Mack's fate.
Mack sat silently in a navy sport coat as his mother, brother and female friend sat behind him during the early morning hearing. Before prospective jurors were brought in, Mack lawyer David Chesnoff again asked the judge to sever the murder and attempted murder charges and hold two trials. Judge Douglas Herndon denied the request.
The jury selection process was delayed until 1:30 p.m. today due to some miscommunication between the court and the jury commissioner. About 30 people from Panel A will be questioned and additional panels brought in as the two sides try to gather a group of 35. Once picked, the prosecution and defense will be allowed to dismiss 10 each, leaving 12 with three alternates.
posted by Martha Bellisle at 12:08 PM

At about 2 p.m., the bailiffs finally led the first group of potential jurors into court and Darren Mack murder trial began.
After the prosecution and defense read a long list of possible witnesses, the judge began asking them questions, including whether anyone would give more weight to the testimony of a police officer, and whether they could hold off on forming an opinion about the case until all the evidence was in.
Next came a key question in Reno: Did anyone see, watch, listen to or read anything about the case since filling out the questionnaire last week. Several said, "yes."
Judge Douglas Herndon then read off a short list of names and asked those people to wait in the hall so that they could be called in one-by-one for questioning.
Mack's Reno lawyer, Scott Freeman began with the first woman, who said she had heard about the judge shooting and murder when it happened, and recalled that the suspect fled, but she was not clear on the details.
Questioning was expected to run several days. posted by Martha Bellisle at 2:31 PM

http://www.rgj.com/blogs/judge-shooting/

[TobyTiger]

Originally Posted by magpie1

My ISP went down for a few days or I would have posted this earlier. This is a link to website called Vinelink, which shows where a person is incarcerated. Last week, on Tuesday, I checked it out and Darren Mack was no longer listed as being in the Reno jail, and was listed as being held in a Clark County jail facility. That was a quick move.

http://www.vinelink.com/vinelink/initMap.do

Thank you magpie!

I read in the RGJ that he'd been moved a few days ago, which is standard procedure when a trial receives a change of venue.

[GollyGeeWhiz]

Hi Toby,

Thanks for the link to Martha's blog -- that'll come in handy for getting updates, especially once testimony begins.

GGW

[TobyTiger]

Originally Posted by GollyGeeWhiz

Hi Toby,

Thanks for the link to Martha's blog -- that'll come in handy for getting updates, especially once testimony begins.

GGW

I found it useful to get updates throughout the day.

She's been a great reporter covering the case since day one.

[TobyTiger]

LATE UPDATE...

By just after 5 p.m., six prospective jurors had been questioned and all six were excused. No was was let go because they believed Darren Mack was guilty. The reasons differed this time. One had a bias toward law enforcement. One had been in a violent marrage and there was concern that he would bring that experience into his opinions about this case. Another said he could not consider an insanity defense. Judge Douglas Herndon appeared to be ready to keep pushing until he secured at least one. posted by Martha Bellisle at 5:03 PM

[magpie1]

Court TV often has coverage of trials, and I noted that Court TV was mentioned in the list of media. I wonder if they're going to be doing any reporting from the courthouse?

[TobyTiger]

Originally Posted by magpie1

Court TV often has coverage of trials, and I noted that Court TV was mentioned in the list of media. I wonder if they're going to be doing any reporting from the courthouse?

Just checked Court TV News...and didn't find anything re: Darren Mack.

[magpie1]

Thanks Toby!

I found an interesting link. This is for one of Las Vegas's television stations and there's a video of Mack arriving in Las Vegas last Tuesday (the day I found via Vinelink that he had been moved), and a report from the court house earlier today about jury selection beginning. This might be a good station to bookmark for trial coverage:

http://www.ktnv.com/

[TobyTiger]

Originally Posted by magpie1

Thanks Toby!

I found an interesting link. This is for one of Las Vegas's television stations and there's a video of Mack arriving in Las Vegas last Tuesday (the day I found via Vinelink that he had been moved), and a report from the court house earlier today about jury selection beginning. This might be a good station to bookmark for trial coverage:

http://www.ktnv.com/

THANK YOU!

I believe KTLA (a Los Angeles station) is also covering the trial online.

[magpie1]

Originally Posted by TobyTiger

THANK YOU!

I believe KTLA (a Los Angeles station) is also covering the trial online.

Thanks Toby........I've already got that one bookmarked. I found another one that's better than the first one I linked above. This is the local Las Vegas CBS station, and they've got video of today's events inside the courtroom. They showed clips of the prosecutor addressing the court; Darren Mack, and the judge. Here's the link to that station:

http://www.klas-tv.com/

[TobyTiger]

Originally Posted by magpie1

Thanks Toby........I've already got that one bookmarked. I found another one that's better than the first one I linked above. This is the local Las Vegas CBS station, and they've got video of today's events inside the courtroom. They showed clips of the prosecutor addressing the court; Darren Mack, and the judge. Here's the link to that station:

http://www.klas-tv.com/

Thanks!

You're right, that station was better...with the in-court coverage.