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Feb. 02, 2008
Copyright © Las Vegas Review-Journal

Defense motion in Mack case denied

Sentencing to go on as scheduled next week

By MARTIN GRIFFITH
THE ASSOCIATED PRESS

RENO -- A Nevada judge denied a defense motion Friday that would have delayed next week's sentencing of a former Reno pawnshop owner who pleaded to killing his wife and shooting the judge handling their divorce.

In handing down the ruling, District Judge Douglas Herndon said the sentencing hearing for Darren Mack, 46, would go on as scheduled. The judge also questioned why the motion wasn't filed before Thursday.

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    • "I think it's woefully late," Herndon said. "I can't understand why the request wasn't made ages ago." The sentencing hearing is scheduled for Thursday and Friday.

    Mack's attorney, William Routsis, defended his request for a three-week continuance.

    "I've been in the middle of a fight for his life ... and it slipped my mind," he said, noting his busy schedule.

    The judge also denied a defense motion to delay the proceedings until the Nevada Supreme Court could consider a request to overturn an earlier ruling by Herndon. On Jan. 18, the judge ruled that Mack was not entitled to withdraw his pleas in the June 2006 death of his wife, Charla, and the shooting of Washoe County Family Court Judge Chuck Weller.

    "Quite honestly, I disagree" with the defense about the request's likelihood of success at the Nevada Supreme Court, Herndon said.

    The judge also disputed Routsis' contention that Mack's failure to be interviewed by state Department of Parole and Probation officials would result in a higher recommended sentence.

    "I'm not going to hold that against Mr. Mack," Herndon said. "I go against (sentencing) recommendations all the time. I look at the facts of a case and decide what's appropriate."

    The judge issued the ruling by speaker phone from his Las Vegas chambers to Routsis and Mack, who appeared together in a Washoe County courtroom. Mack was dressed in jail attire.

    Routsis said he had advised Mack not to talk to parole and probation officials because he was appealing the case.

    "I can't have my client discuss the facts of the case when we're trying to get a new trial for him," he said after the hearing. "It would be a failure to represent him."

    In November, Mack pleaded guilty to stabbing his wife to death and the equivalent of no contest to attempted murder in the shooting of Weller, who has recovered.

    A month later, Mack fired the two lawyers who had handled his case and hired Routsis to argue his claims that the previous defense team had pressured him into a plea agreement against his wishes.

    During Friday's hearing, Special Prosecutor Christopher Lalli accused Routsis of "game playing" with his latest motions and noted Mack's sentencing was stayed once before.

    "The court is bending over backwards for the defendant," Lalli said.

    Routsis denied the allegation and said continuance requests are not uncommon in such cases.



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    UNBELIEVABLE wrote on February 07, 2008 02:33 PM: "Quite honestly, I disagree" with the defense about the request's likelihood of success at the Nevada Supreme Court, Herndon said.

    Herndon, why would you comment on this issue? Mack and every other defendant is entitled to DUE PROCESS. Your commentary is pejudicial and out of line. Did you get a phone call telling you that the request would fail?


    Herb wrote on February 02, 2008 12:49 PM: Mamamia, the justice system isn't biased in favor of the poor. The reason it seems that way is that there are simply more law breaking predator types among lower socieconomic males. If a man is poor, ignorant, uneducated, and has a low IQ he is more likely to resort to crime than his more civilized, better educated, more affluent counterparts. This just goes to show that poor men, as a group, are not as evolved as the rest of the human race.

    Of course there will always be exceptions. Mack is an example of rich bad guy. I would agree that he should not get treated special due to his wealth. Ideally he will get the death penalty and spend all of eternity burning in hell.


    Mamamia wrote on February 02, 2008 12:02 PM: The entire "judicial" system is disgustingly biased in favor of the rich and "privileged", i.e.,"the good ol' boys club". And what an insult to all other defendants that "Special" Prosecutor Lalli made by his moronic remark about "bending over backwards" to "accommodate" this "special" defendant. He has tons of money, of course! Treat him with "kid" gloves and kick the other defendants, even if innocent, right in the teeth with the usual contempt and arrogance always shown by the State. There is no justice for the innocent and poor.


    Douglas K. Weilburg wrote on February 02, 2008 11:09 AM: This trial has cost the tax payers enough already. Mr. Mack has had his chance at justice now kill him like he did wife and tried to do to the judge.


    sad wrote on February 02, 2008 08:19 AM: "I think it's woefully late," Herndon said. "I can't understand why the request wasn't made ages ago." The sentencing hearing is scheduled for Thursday and Friday."I've been in the middle of a fight for his life ... and it slipped my mind," he said, noting his busy schedule.
    I bet collecting his fee never slips his mind








    jackson wrote on February 02, 2008 06:54 AM: "The court is bending over backwards for the defendant," What else is new?!