Mack is accused of killing Charla Mack at his town house on June 12, then shooting Family Court Judge Chuck Weller through the window of his chambers.

He is charged with one count each of murder and attempted murder.

Mack has pleaded not guilty and not guilty by reason of insanity. His trial is scheduled to start Oct. 1.

The defense lawyers also argue that Washoe County District Attorney Richard Gammick violated law when he talked 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.

In motions filed last month, Mack's lawyers urged the judge to throw out any statements Mack made to Gammick while he was negotiating his surrender because Gammick was bound by professional obligations and the law against having conversations with a person who was represented by counsel.

Special Prosecutor Christopher Lalli said last week that Mack's brother Landon, not Darren, had hired Freeman and Chesnoff, so Gammick was not bound by the rules.

Lalli also said that Darren Mack did not establish an attorney-client relationship with Freeman and Chesnoff until days after Mack and Gammick first talked.

But in their response on Thursday, Freeman said Gammick knew Mack was represented five days before the first call from Mexico.