"The motion to stay those proceedings is going to be denied."
That was Judge Herndon's decision on the motion to stay sentencing proceedings next week. And the hearing seemed to go down hill from there.
Mack Attorney William Routsis had asked the court to delay Darren's sentencing until he could file additional motions with the Nevada Supreme Court.
Christopher Lalli the prosecutor commented by phone about Routsis' chances.
"They are rarely granted."
By conference call Lalli said Routsis would not have much luck with the supreme court, and the judge seemed to agree saying such a motion has no merit.
The heated argument began on the defenses second motion.
It again was asking for a delay with sentencing next week. Only the continuance was based on the fact Darren Mack had not talked to parole and probation at the direction of his attorney. That interview would ultimately be handed into the Judge and recommend Darren's sentencing.
Lalli called it, "pure game playing."
Judge Doug Herndon replied:
" I am not going to use the name gamesmanship that Mr. Lalli wants to use but I can't understand why your request was made Mr. Routsis..."
" I can answer that if you like...I am in the middle of fighting for this man's life and I just didn't think about it that happens sometimes...it slipped my mind. If you can't understand that attorneys sometimes in the middle...."
Judge Herdon cut Routsis off.
" Ok Mr. Routsis I'm making a ruling right now I've heard your argument ,thank you very much. I know more about Mr. Mack than I know about anyone I have ever dealt with as a judge. So what the p and p puts in a six page psi report about his background. I am pretty sure I already know. And if I don't already know about it, you are going to tell me about it in the two days that we set aside for sentencing. I'm quite certain of that as well....
If you think there is not a prejudice Mr. Routsis then ask the 8 guys whose trials I continued this week who are in custody because I couldn't hear them next week because I'm going to Reno to hear this hearing...a lot goes into sentencing court dates, and victims, families and people involved have a right to know the effective and fair administration of justice serves them as well. Things are not going to be unnecessarily be delayed. There comes a point in time when things have to be taken care of, and late and inadequate request to delay the proceedings aren't going to be accepted by the court."