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Updated: 12:17 AM Jan 18, 2008
Mack Testifies In Plea Withdrawal Bid
Darren Mack got his long awaited chance Thursday to take the witness stand, telling a judge how he felt betrayed and bullied by his former defense lawyers into taking a plea deal to killing his wife and shooting the judge who was handling their divorce.
Posted: 2:25 PM Jan 17, 2008Reporter: Sandra Chereb AP |
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Darren Mack got his long awaited chance Thursday to take the witness stand, telling a judge how he felt betrayed and bullied by his former defense lawyers into taking a plea deal to killing his wife and shooting the judge who was handling their divorce.
The 46-year-old former wealthy pawn shop owner was calm and animated during his three-hour testimony, using hand gestures and facial expressions while relating how he believed attorneys David Chesnoff and Scott Freeman "psychologically raped" him into taking a deal he didn't understand.
Hints of emotion came twice - when talking about feeling abandoned by Freeman and meeting with his family the morning of Nov. 5 before he pleaded to charges of first-degree murder and attempted murder.
"At that point, I was so broken down that I needed help," he said, seeming momentarily upset.
He described Freeman as his "lifeline" in the months leading up to the trial, and appeared to blink back tears when he said Freeman too, urged him to accept the plea deal.
"That's when I felt my will break," Mack said.
The glimpse of emotion was in contrast to other testimony. He described matter-of-factly how he untangled his dead wife's matted
hair from the hammer of a pistol as it lay in a pool of blood, explaining that's how his bloody fingerprint was found in the garage.
Mack was charged with first-degree murder for the stabbing death of his wife, Charla, in June, 2006. From early on, he maintained he acted in self defense.
Authorities said he then drove to a downtown Reno parking garage with a high-powered rifle and shot Family Court Judge Chuck Weller
through the window of his third-floor chamber. He initially pleaded not guilty by reason of insanity to that count, but ended up entering the equivalent of a no-contest plea.
A month later, Mack fired his former lawyers and hired Reno attorney William Routsis. He now is seeking to withdraw his earlier pleas and go to trial. He claims his old lawyers pressured him into the plea agreement against his wishes.
But Freeman testified Thursday that was not the case and that he was prepared to complete the trial.
"Chesnoff told him at least five times, if he didn't want to take the deal, he didn't have to," Freeman said.
"We are talking about a situation where we had five days left for trial. If he didn't want to take the deal, we would finish the trial. The witnesses were on their way to Las Vegas from Reno," he said.
Under questioning from Routsis, Mack took his former lawyers to task, saying he begged them to hunt at a landfill for the gun he said misfired when Charla pointed it at him.
When questioned by Special Prosecutor Christopher Lalli, Mack conceded he didn't mention the gun when he first met with his lawyers or talked with others soon after his arrest.
He then revised his statement, saying, "We did not discuss it in detail."
Freeman acknowledged Mack told him about disposing of the gun during a meeting at the jail but said Mack never urged him to try to recover it.
"The word landfill or trying to find the gun had never come up," Freeman said Thursday.
"He told me he got rid of the gun - and they won't find it - by way of putting it in a Dumpster, along with some bloody clothes and the murder weapon, which was a dagger," he said.
Freeman said that ironically, Mack said the dumpster was a few blocks from Freeman's law office on the edge of downtown. Freeman said he left the jail and immediately went to locate the Dumpster at the site Mack described.
"There wasn't any dumpster," he said, adding that concerned him.
"The first concern was that perhaps Mr. Mack was being less than candid with me or alternatively the dumpster had been moved. So I decided to go with the dumpster had been moved," he said. He said he didn't look further for the gun or dagger because locating the murder weapon wouldn't necessarily be in Mack's best interest.
Mack also complained that his previous defense refused to interview witnesses he said would vouch for his character.
"From the very beginning, I felt one of my best defenses was my 45 years of having an impeccable reputation," Mack said.
Freeman said he was concentrating on the difficult task of finding witnesses to corroborate Mack's claim that Charla had assaulted him previously.
"Having people come in and say he's a really nice person wasn't necessary because he is a nice person and no one was challenging that," he said.
"In my professional opinion, there are times to do a character case and times not to. If you open the door to character, the prosecution can open the door to bad character," Freeman said.
A day earlier, Chesnoff, testifying against his former client, described Mack as "delusional" - in part due to drug use - and said the only possible trial defense was insanity, given Mack's belief that the U.S. Constitution justified his shooting Weller.
"It's delusional to shoot family court judges you don't like," Chesnoff said.
He added that the plea deal was in Mack's best interest because he feared a jury, should Mack testify as he wanted to, would come across as a "sociopath."
Chesnoff said the prosecution would have called a blood spatter expert as a rebuttal witness to debunk any notion the stabbing was
in self defense.
Chesnoff said during the opening statement in the initial trial that Mack was "brain-fried" as a result of drug use. Mack admitted during cross-examination on Thursday that over the course of his life he had probably taken 100 doses of the hallucinogenic stimulant Ecstasy.
Copyright 2008 by The Associated Press. All Rights Reserved.
Latest Comments
Finally the law has prevailed!!!Darren Mack is cold bloded killer and he demostrated that during his testimony when he so cruelly refered to murdering Charla with total lack of remorse.He should spend the rest of his life in prison and the family run out of business and out of town.remember that every time you patronise his business you are contributing to the coffers of a murderer's family
Darrin ghot what he deserved. If you can believe anything that he has said, after Mr. Lalli has shown him to be less than truthful, then you're just as big an idiot.
Darrin never should have taken the guilty plea. Self defense should have been presented by his legal team! A lot of people believe Charla Mack very well could have been a violent spouse! I for one hope the whole truth will be able to reach the court,and the violence of their relationship will not be buried,along with Charla. There is more to this horrific sad story than we have seen,and Darrin Mack should be given the chance to present what happened.
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