Darren Mack's new attorney William Routsis has filed a motion asking courts to drop a plea deal his client made last month. But, that filing validity is under question.
KOLO 8 obtained a copy of the request Routsis filed in 2nd District Court here in Washoe County. With a change of venue, that paperwork should have been filed in Clark County. A representative from Roustsis office signed a certificate of service indicating the motion was filed in Clark County. KOLO 8 has not been able to confirm that filing.
In the motion Mack's attorney says Judge Doug Herndon never explained to Mack what it meant to give up his rights and plead guilty.
Additionally Mack's attorney says his client was undergoing emotional duress, physical discomfort, and fundamental miscommunication when he entered his plea.
Mack, his attorney says, was suffering from dehydration, back pain, and sleep deprivation and had to wait for long periods of time between meals...this was all allegedly occuring down at Clark County's Jail.
In the motion filed, Mr. Routsis claims his client is willing to risk a double life sentence to testify in his own behalf and to have a jury decide his fate.
On November 5th, Darren Mack pleaded guility to killing his estranged wife in June 2006 and shooting at the judge handling their divorce case.
In his plea Mack admitted to pre-mediated murder in his wife's death, But in his plea concerning the attempted murder of Judge Chuck Weller,that guilty plea is pursuant to North Carolina versus Alford in which Mack contends he did not intend to kill Judge Chuck Weller.
Sentencing for Mack is scheduled for January 17th and 18th down in Las Vegas.