|
Updated: 4:47 AM Mar 2, 2010
Mack Wants New Reno Trial in Wife's Murder
Lawyers said Monday that the former Reno pawnshop owner who pleaded guilty to murdering his wife and shooting a judge handling their divorce deserves a new trial because his former lawyers failed to explain defense strategies that might have gotten him a better plea deal.
Posted: 10:18 PM Mar 1, 2010Reporter: Scott Sonner AP Email Address: news@kolotv.com |
|
RENO, Nev. (AP) - Lawyers said Monday that the former Reno pawnshop owner who pleaded guilty to murdering his wife and shooting a judge handling their divorce deserves a new trial because his former lawyers failed to explain defense strategies that might have gotten him a better plea deal.
Defense attorney Mark Topel told the Nevada Supreme Court that the trial judge - Douglas Herndon of Clark County - was wrong to refuse to allow Darren Mack to withdraw his guilty pleas to charges of first-degree and attempted murder in the case.
Mack is serving 36 years to life in prison for the June 2006 killing of Charla Mack and the sniper-style shooting of Washoe County Family Court Judge Chuck Weller.
Topel said Mack's former lawyers did not explore with Mack the possibility of him admitting to second-degree murder or manslaughter given evidence that his wife abused him in the past and that Mack claimed he was acting in self defense.
Special prosecutor Christopher Lalli said the defense team had an "extraordinarily high" burden of proof to reverse the matter after Herndon already determined that the plea was valid.
Mack "entered knowing and intelligent and voluntary pleas to murder in the first degree and attempted murder," said Lalli, a deputy district attorney from Clark County.
Topel said the lawyers who earlier represented Mack - including David Chesnoff of Las Vegas and Scott Freeman of Reno - were "well known and respected counsel, but that doesn't mean they could not and did not make a mistake."
Topel said that Mack answered affirmatively when filling out a plea bargain form that indicated he discussed with his attorney "any possible defenses, defense strategies or circumstances that might be in my favor." But he said the question should have been asked of the lawyers themselves because they are the experts.
"You don't ask a heart patient if his surgery was done correctly. He doesn't know. You have to ask the doctor," Topel said.
Topel said the killing stemmed from a conflict in the estranged couple's relationship in which Charla had a history of violence toward her husband. He said Weller himself indicated that Mack had told him he was in physical fear of his wife and that another witness saw her attack Mack during a cruise.
In addition, he said a pathologist testified that the evidence was inconclusive as to whether Charla's wounds were defensive or aggressive in nature.
All of that raised the question whether the killing of Charla happened in the "heat of passion," rather than being premeditated, as was required to be proven for first-degree murder, Topel said.
At a prior hearing where Herndon refused a motion to rescind his plea in 2008, Mack said he believed Chesnoff and Scott Freeman of Reno "psychologically raped" him into taking a deal he didn't understand.
Freeman said at an earlier hearing that Chesnoff told Mack "at least five times, if he didn't want to take the deal, he didn't have to."
Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Latest Comments
Self defense - bull puckey. Killing his wife may have been a crime of passion..He was passionate about not wanting to pay her support. How was shooting Judge Weller not premeditated or do you carry a rifle around in your car and suddenly decide to shoot the judge in your divorce. The only misjustice was that he didn't get the needle. His daughter would be better off without him in her life. Maybe she could grow up and try to put it all behind her then. To In The Know Citizen - it is true that no one knows what goes on behind closed doors and it does take two but it also doesn't give either of them the right to take to life of the other. The children are the ones to suffer and with appeal after appeal it will go on forever unless the law finally can stop him from his whining and let him fade away into an unpleasant memory.
Darren Mack got just what he deserves he thinks his money can buy him out. He knew exactly what he was doing and what would happen, don't try and blame it on the attorneys.
U women are something else. U people are the ones who are arrogant. Anyone who knew Charla, knew she was no angel, but neither was Darren.People make her out to be the victum (sic).The kids are the ones who lose here.As far as the truth goes, don't beleive everything you hear on the news or read in the paper. Ask thier close friends of both of them what was really going on.
![]() |
Northern Nevada Jobs
Find great local jobs here! |
| Obituaries from NevadaObit.com |
| KOLO Blogs |
| Carter, Wolf Pack Deserve Our Support - Post Your Comments! |
| I Already Miss My Friend JK - Post Your Comments! |
| Joe Paterno Must Step Down - Post Your Comments! |
| No More "Whiteouts" - 1 Comments Posted |
| KUDOS to the Pack and Tyler Lantrip - Post Your Comments! |
| More Blogs >>> |






