Evidence List and Basic Outline

[magpie1]

With the arrignment coming up on September 13th, I thought it might be helpful to have a list of evidence, possible witnesses, and a brief basic outline in this case. If there's something I've missed, please add to it.

EVIDENCE LIST:

Several boxes of ammunition, including .223 and .243 caliber rifle ammunition.

Empty case for a Bushmaster .223 caliber rifle containing a receipt of purchase by Darren R. Mack.

Dell desktop computer, including all computer equipment.

Misc. papers from hallway closet.

Emails and other computer generated documents pertaining to Judge Weller and hand-written notes which appear to be written by Darren R. Mack containing allegations that Judge Weller was corrupt.

Sprint telephone records of Darren R. Mack's cell phone calls on June 12, 2006.

Red binder address book in which is written "Belongs to Darren R. Mack."

Black/Red "Reebock" brand duffle bag containing papers from master bedroom.

Soldier of Fortune magazine dated May 2006 from master bedroom bathroom.

Gun magazine from master bedroom bathroom.

CD holder with 6 CDs from kitchen counter.

Swab from front panel of living room chair.

Swab from wall by sink mirror in hallway half bathroom.

Swab from shower door in master bedroom bathroom.

Additional swabs from garage.

Rental receipt from Budget Rent-A-Car for a 2006 silver Ford Explorer, signed by Darren R. Mack.

Elsewhere in condo: 1 box Remington .243 caliber ammunition; 8 boxes of Remington :223 ammunition; 15 boxes of American Eagle .223 ammunition; 6 loose .223 caliber ammunition; 15 boxes of Federal .223 caliber ammunition; 5 boxes of Federal .223 caliber ammunition; 30 .223 caliber ammunition in tray; 22 loose .223 caliber ammunition in yellow plastic bag.

1 Buck knife with sheath.

1 Burris tactical scope box, empty.

1 M6X tactical luminator box, empty.

1 M3X streamlight box, empty.

1 laser grips box, empty.

1 black cloth.

3 soft-cloth rifle cases.

1 hard rifle case, empty, with one receipt for Bushmaster AR-15 inside.

1 Tasco shot saver scope from blue tool box in west bedroom.

1 Case brand knife with sheath from nightstand in west bedroom.

1 folding knife from top of dresser in west bedroom.

1 paper with shoe pattern from hallway closet.

2 Galco rifle slings in packages from west bedroom floor.

1 Jeep key in nightstand in master bedroom.

Misc. documents from table top in kitchen.

Literature from American Coalition for Fathers and Children from floor under dining room table.

Papers titled, "Exposing Corruption in Massachusetts Family Court" from kitchen countertop.

Legal abuse questionaire from kitchen countertop.

VHS tape titled, "The Case Against Lawyers" from kitchen countertop.

VHS tape titled, "Court Corruption" from kitchen countertop.

DVD titled, "Your Honor" from kitchen countertop.

Child custody literature from kitchen countertop.

1 brown paper bag containing documents from Judge Weller's campaign contributions from floor of master bedroom.

1 black IBI Global soft-sided briefcase with misc. documents regarding unfairness in family court from floor of master bedroom.

Yellow notepad from floor of master bedroom.

Email from floor of master bedroom.

1 Sony Handycam in black nylon bag from counter in master bedroom bathroom.

1 Sony Cybershot camera in black nylon bag with Handycam from counter in master bedroom bathroom.

Misc. papers, some in regards to Judge Weller from master bedroom.

Misc. papers, some referring to profit-sharing from master bedroom.

Misc. software and manuals for computer.

Drywall portions from condo garage.

3 papers from kitchen countertop with unknown stains.

2 Mapquest maps from master bedroom.

Maxell CD-R titled, "Alecia" and dated 01/13/06.

3 samples of sink traps in master bathroom.

Empty sheath for a Gerber dagger on floor of master bedroom walk-in closet.

1 green and yellow shoe with red stains.

1 tan and green towel with red stains.

1 blue towel with red stains.

30 swabs taken from various locations in the condo.

2 samples of explosive type material collected by bomb squad.

1 green paper with hand-writing.

1 white tee-shirt with red stains.

1 pair of Guess jeans with unknown stains.

1 white metal key found by front gate.

4 empty boxes of Federal .223 caliber ammunition from floor of garage.

2 silver colored Ziploc bags with a powder substance taken from garage floor.

From Lexus: black "Coach" purse; photocopy of 2 checks from Darren Mack to Charla Mack on one side, red stains on the backside; 9 swabs; 2 white tissues; key ring with 5 keys and leather key fob with red stains on it.

From Jeep Cherokee: 23 blue tissues, some with red stains; exhibitor badge; 3 swabs; 6 red flakes.

From suitcase when arrested in Mexico: a pair of jeans and tan Rockport shoes, both with red stains; a black belt and black tee-shirt, both with dark stains.

Palm "Treo" Smartphone - telephone, camera, wireless email, wireless messaging, document storage, and web browsing.

WITNESSES:

Daniel Osborne and Erika Mack (8-years-old) present at condo at the time of the murder.

A witness was interviewed who stated that Darren R. Mack's Bushmaster rifle was equipped with a laser sighting.

Several witnesses claimed that Darren R. Mack was extremely displeased with Judge Weller.

One witness said that Darren R. Mack tried to hire him to follow Judge Weller, and said that Darren was very angry with Judge Weller and his ex-wfie.

BASIC OUTLINE:

On June 11th, the night before the murder, Darren Mack called his friend, Daniel Osborne and asked if he would meet him at his condo at 9:00am the next morning (June 12th) and take his daughter, Erika, to his mother's home - Joan Mack. Daniel Osborne was present in the living room area of the condo with Erika and Darren, when Darren excused himself to go downstairs to speak with his ex-wife Charla, who had just brought their daughter for visitation.

A few minutes later, Darren ran up the stairs with his hand wrapped in a towel. Dan Osborn's dog followed Darren up the stairs and the dog was covered in blood. Frightened, Dan Osborne took Erika and left the condo. When he left, he noted that Charla's sport utility (Lexus) was still at the condo. While enroute to Darren's mother's home, Dan received a call from Darren asking him to meet him at a nearby Starbucks, which he did.

After leaving Starbucks, Dan Osborne proceeded to Joan Mack's home with Erika, and called the police with his concerns that something had happened.

Meanwhile, Darren Mack proceeded to downtown Reno, where he allegedly shot Judge Weller.

Darren Mack disapeared and was subsequently apprehended in Mexico 11 days later on June 23, 2006.

[TobyTiger]

GREAT WORK magpie! Thanks for posting this for those who weren't here at the beginning...
:patriot:

[GollyGeeWhiz]

Mag,

Thanks for the recap! It should come in very handy. :cool:

I guess we can assume that one of the many papers found in the condo was the To Do list we heard about from one of the detectives during the preliminary hearing.

Sort of thinking out loud here ...

I think it's safe to assume that the parking garage video showing the movements of the Explorer will be entered into evidence.

I'm wondering if anyone knows of or has seen a published list of the items that were found in the median off I-80, presumably tossed from a car? I think I recall that Charla's cell phone was one of them?

Also, didn't Darren call a cousin in California from his cell phone shortly after the attempt on Weller's life, and didn't he say something potentially incriminating during that call? I'm guessing the cousin will be a witness.

We know Dick Gammick will be a witness. I'll be interested to hear his testimony wrt DM's conversations with him after DM arrived in Mexico.

GGW

[NevadaMom]

Originally posted by Tonja
A cryptic note has just recently emerged.

This was in my paper the other day. AP Scott Sonner wrote the story.

The words appear on a not police found in Darren Mack's Condominium--a note prosecutors believe makes a number of cryptic references to the alledged murder of his estranged wife and sniper attack on the family court judge Mack apparently felt was unfairly handling their ugly divorce.

Here are some of the things that were written that appeared on the note.

"Dan take Erica to Joan"
"END PROBLEM"
"put lex in garage"
"lock home"
Parking garage--if yes"

I think this note is so interesting. Was he only going to go to the parking garage if he "ended the problem" being, "kill Charla?"

[magpie1]

Originally posted by GollyGeeWhiz
Mag,

Thanks for the recap! It should come in very handy. :cool:

I guess we can assume that one of the many papers found in the condo was the To Do list we heard about from one of the detectives during the preliminary hearing.

Sort of thinking out loud here ...

I think it's safe to assume that the parking garage video showing the movements of the Explorer will be entered into evidence.

I'm wondering if anyone knows of or has seen a published list of the items that were found in the median off I-80, presumably tossed from a car? I think I recall that Charla's cell phone was one of them?

Also, didn't Darren call a cousin in California from his cell phone shortly after the attempt on Weller's life, and didn't he say something potentially incriminating during that call? I'm guessing the cousin will be a witness.

We know Dick Gammick will be a witness. I'll be interested to hear his testimony wrt DM's conversations with him after DM arrived in Mexico.

GGW

Thanks! :)

Yes, as I was typing the list, I noted that there were several "papers" listed, any one of which is likely the "to do" list.

It was a few days after the murder that police released the information that several items from the crime scene were found along I-80 west of Reno. The only item that the police mentioned was Charla's cell phone. They declined to state what the other items were.

In regards to the call to a cousin, yes, Darren made a call to his "cousin" Jeffery L. Donner in Moraga, CA. shortly after the attempt on Judge Weller. Jeffery Donner is actually the father of Darren Mack's cousin's husband, so there's no real relationship there.

Yes, I'm anxious to hear the testimony of Dick Gammick too, as well as Dan Osborne's. :)

[magpie1]

Originally posted by Tonja
A cryptic note has just recently emerged.

This was in my paper the other day. AP Scott Sonner wrote the story.

The words appear on a not police found in Darren Mack's Condominium--a note prosecutors believe makes a number of cryptic references to the alledged murder of his estranged wife and sniper attack on the family court judge Mack apparently felt was unfairly handling their ugly divorce.

Here are some of the things that were written that appeared on the note.

"Dan take Erica to Joan"
"END PROBLEM"
"put lex in garage"
"lock home"
Parking garage--if yes"

Tonga,
Thanks for adding the list! If this is proven to be in Darren's hand-writing and has his finger prints on it, it's pretty convincing evidence of premeditated murder.

[NevadaMom]

Something else is kind of interesting: Who in the hell makes a list like this? I mean, that's not that many things to remember. If I had two murders planned and had to remember only five things to accomplish them, I don't think I'd need a paint-by-number to get it done. Was he afraid he'd forget something? He gets to the parking garage and thinks, "Dang. I can't BELIEVE I forgot to kill Charla."

What a nutjob.

[magpie1]

Originally posted by NevadaMom


I think this note is so interesting. Was he only going to go to the parking garage if he "ended the problem" being, "kill Charla?"

NevadaMom,
I was thinking the same thing........that one entry. "parking garage - if yes" certainly sounds like the shooting of Judge Weller depended on killing Charla first.

[GollyGeeWhiz]

Thanks to Tonja for the particulars. That's the To Do list I referenced.

I find it interesting as well ... the "if yes" part in particular. My initial thought was that perhaps DM was planning to check to make sure Weller would be "available" to shoot (be at work as usual, in other words), and the "if yes" was a reference to that.

But NevadaMom - I like your question better. Would DM not have gone after Weller if he was unsuccessful in "ending the problem" with Charla? And if not, why not ... especially since Weller had so thoroughly provoked him?

If DM's plan was to kill them both in succession, in my mind that makes the stuff we've read about his unfair treatment at the hands of Weller being his motive as decidedly secondary to his simple desire for revenge against two people who angered him.

Uh ... did that make sense? :confused:

[TobyTiger]

Originally posted by NevadaMom


I think this note is so interesting. Was he only going to go to the parking garage if he "ended the problem" being, "kill Charla?"
Sure sounds like it...
:eek:

[TobyTiger]

Originally posted by NevadaMom
Something else is kind of interesting: Who in the hell makes a list like this? I mean, that's not that many things to remember. If I had two murders planned and had to remember only five things to accomplish them, I don't think I'd need a paint-by-number to get it done. Was he afraid he'd forget something? He gets to the parking garage and thinks, "Dang. I can't BELIEVE I forgot to kill Charla."

What a nutjob.
It's ironic, but the trial I was following which just ended, CA v. Scott Dyleski, involved a similar "to do" list. It is strange that some feel compelled to put everything in writing, which only leads to their conviction...
:shrug:

[magpie1]

Originally posted by GollyGeeWhiz
Thanks to Tonja for the particulars. That's the To Do list I referenced.

I find it interesting as well ... the "if yes" part in particular. My initial thought was that perhaps DM was planning to check to make sure Weller would be "available" to shoot (be at work as usual, in other words), and the "if yes" was a reference to that.

But NevadaMom - I like your question better. Would DM not have gone after Weller if he was unsuccessful in "ending the problem" with Charla? And if not, why not ... especially since Weller had so thoroughly provoked him?

If DM's plan was to kill them both in succession, in my mind that makes the stuff we've read about his unfair treatment at the hands of Weller being his motive as decidedly secondary to his simple desire for revenge against two people who angered him.

Uh ... did that make sense? :confused:
GGW,
If I undestand you correctly, Darren's motive may have simply been revenge rather than anything else, and that does make a lot of sense.

I see Darren Mack as a spoiled wealthy guy, used to getting things his own way. These two people, Judge Weller and Charla, wouldn't give him what he wanted.

He had married before and when that marriage failed, he wanted to walk away with everything, including sole custody of the two children from that marriage. He fought his first wife for years, and in fact was still involved in custody issues from his first marriage just a few months prior to Charla's murder and the attempted murder of Judge Weller.

[magpie1]

I just thought of something!! That last item on the "to do" list......."parking garage--if yes'

Did Darren Mack have an accomplice in regards to the shooting of Judge Weller?

Perhaps someone was stationed near the courthuse where he/she could observe the comings and goings. That someone was to call Darren at a certain time and tell him "Yes" or "no" if Judge Weller was in his chambers that day.

[GollyGeeWhiz]

Mag,

You understood me perfectly.

And that's an even MORE interesting thought on the "if yes" notation ... the possibility of an accomplice whose assignment was to let DM know if Weller was "available" to shoot.

:eek:

[GollyGeeWhiz]

I may have my facts confused, but I thought I read that there's parking garage videotape showing the Ford Explorer DM rented entering the garage and backing into a space from which there was a vantage point to Weller's chambers or office or whatever. I believe the same tape showed the back hatch of the Explorer being raised and then lowered some minutes later, and it also showed the vehicle subsequently leaving the parking structure.

If memory serves, the timing of all that activity would've put DM in the right place at the right time to make him the probable suspect in the attempt on Weller's life. Of course, unless the video also captured a clear picture of DM firing the rifle, I suppose we could argue all day whether or not it was DM at all.

I think I'll play the odds that it was, given the history and the other events of that morning.

[magpie1]

Originally posted by Tonja
If in fact, that Darren did shoot Weller, I don't think Darren would need an accomplice regarding the "parking garage--If yes".

It simply could be that if there was enough time after the death of Charla that he could go over to the parking garage and check it out to make sure that everything was in the clear and then wait for Weller.

Which leads me to think that whoever shot the judge had prior knowledge of the comings and goings of when Weller would be in his office at that precise time. Someone would have had to call the court to see what the judge's schedule was for that day. I would assume that the police and courts have already looked into the incoming calls inquiring into Weller's court activities for that day. Or the person just took a chance and waited in the parking garage for the right moment.

Let's say that it was Darren, and he wanted Weller dead and it was not an after thought of the killing of Charla. First off, I would want to make sure I have all of my ducks in a row. And Weller would have been my first duck to know what he was doing on that day if I where going after both of them. Otherwise, I would have killed Charla on another day when there were no witnesses in the house and I had an alibi like I was in another state on business.

Then you have to remember that Weller was not a well liked judge. It is possible that someone else could have shot him who had issues of their own with this judge and it was just a coincidence that the judge was shot on the same day that Charla was murdered.

Tonga,
Do the Reno courts have a set schedule and do they post the schedule for each court room in advance?

Here, our local courts have a set schedule - morning session 8:30am til noon; lunch break from noon til 1:30pm; afternoon session from 1:30pm til 4:30pm.

Each court room has the day's schedule posted on the door of the court room with a listing of cases to be heard by name and time. This schedule is usually posted 24 hours in advance. If that particular court room is in recess for the day, the judge is usually in his chambers. It's the norm here for a judge to take one afternoon or day of the week for working in chambers, with no court room session.

What I'm trying to determine is how much advance information about court house activities/schedules an individual could obtain?

[magpie1]

Originally posted by GollyGeeWhiz
I may have my facts confused, but I thought I read that there's parking garage videotape showing the Ford Explorer DM rented entering the garage and backing into a space from which there was a vantage point to Weller's chambers or office or whatever. I believe the same tape showed the back hatch of the Explorer being raised and then lowered some minutes later, and it also showed the vehicle subsequently leaving the parking structure.

If memory serves, the timing of all that activity would've put DM in the right place at the right time to make him the probable suspect in the attempt on Weller's life. Of course, unless the video also captured a clear picture of DM firing the rifle, I suppose we could argue all day whether or not it was DM at all.

I think I'll play the odds that it was, given the history and the other events of that morning.

GGW,
Your are correct! There is a video from the security cameras at the parking garage, which shows a vehicle that matches the description of the rented Ford Explorer that Darren was known to be driving that day.

That video wasn't listed on the search affidavits of Darren's condo because it was from another source - the security office of the parking structure.

Taking into consideration that video and the items found in Darren's condo, a pretty clear picture emerges.

I'm glad you mentioned the video, as this is a major piece of evidence that should be added to the list. :)

[magpie1]

Originally posted by Tonja
Magpie,

A person can call the courthouse and say that they are planning on sitting in to observe in Dept..... and can you please tell me what cases will be heard ? They will tell you what is going on, what is on the agenda for the day and that you should call the day before to see if any changes have been made.

They will tell you if the Judge will be out of court for the day or week.

They will post the cases that will be appearing outside the courtroom for the day. If there is nothing posted, and the judge is not out of the office, then you can just assume that the judge is going to be in his office, but, that there are no cases being heard that day. So the judge is probably dictating orders or something like that and will be in.


Tonja

Tonga,

Thanks!

It sounds like there's an opportunity for an individual to pretty much determine a pattern if they observe the courthouse routine for a couple of months. The shooter (and accomplice if there was one) would also know the judge's vehicle too, and be able to determine the normal routine.

One thing I noted in seeing the pictures of the Reno Court House and surrounding area is that it's in an area which presents an opportunity for a shooting.

In our county many years ago, the county supervisors decided on building a huge county government complex on the north side of the county seat city. This plan has all the county government - court house, jail, probation dept., sheriff, law library, district attorney, county recorder, tax assessor, records, and a cafeteria. all in one huge complex. None of the buildings are more than 3 stories high, and are built around a central court yard - fountain, grass, trees, and benchs. The entire complex is surround by one vast parking lot with no parking structures. There are no windows facing the parking area, with the exception of the county sheriff's dept.

In order to get into the government complex, everyone has to go through security and a metal detector.

It would be difficult, if not impossible, for anyone to shoot someone in the court house here.

[NevadaMom]

The courts here do post the judges' schedules on line. I assume, if one were to look closely enough, one might find a pattern.

http://www.washoecourts.com/index.cfm?page=courtcal

[magpie1]

Nevada Mom,
Thanks! I hadn't considered the possibility of online court calendars. Study of what days a particular court room is in session might help an individual to determine a pattern.

[TobyTiger]

Originally posted by NevadaMom
The courts here do post the judges' schedules on line. I assume, if one were to look closely enough, one might find a pattern.

http://www.washoecourts.com/index.cfm?page=courtcal
Thank you for posting this useful link!
:D

[TobyTiger]

THANK YOU FRESHWATER!!!
:patriot:

[magpie1]

I'd also like to say thank-you to Freshwater. :)

[Tonja]

I saw the video tape of the parking garage. I do not recall seeing Darren or any license plate. Did the tape show any kind of evidence that clearly states this vehicle was driven by Darren or owned by him.? Was there a plate shown on the tape?

If not, than then the Explorer is only a strong coincidence and I would disregard that piece of evidence if I were sitting on the jury.

However, Charla's murder is another story.

[magpie1]

I don't believe I've seen the surveillance tape, so I don't know what sort of clear evidence is on it. I've only read the description as reported by the RGJ.

I would imagine that if the quality of the tape is good, it can be enhanced to show more detail.

[Tonja]

Magpie,

Let's hope so. I know what it is like to have a vehicle very similiar to one that was involved in a crime. Only to find out later that your vehicle that was seized for evidence and was destroyed prior to trial was not at all the vehicle that was used in the crime. That's why I say that if there is no concrete evidence that this explorer was, infact, the one in the parking garage, I would have to disregard it as evidence.


Nevadamom, Thanks for the information on the website. I'll have to check and see if my county courthouse has this available too.

I'm the first to admit it, but, I'm an idiot when it comes to computers, but, would it be possible for the police or courthouse to check out and see who has been making visits to this website?

Now, wouldn't that be would interesting if it came back with an e-mail address that belonged to Darren.

[magpie1]

ISPs can be traced to a specific local, and by contacting the service provider, law enforcement can verify who that ISP belongs to - name, address, and any other pertainent information.

Darren Mack's computer was siezed as evidence by Reno law enforcement. The hard drive will contain a lot of information, including items that were deteted. When something is deleted, it still remains on the hard drive.

Most states now have at least two or three high-tech computer criminalogy labs, where experts can discern all that was downloaded or written on a computer, including erased files.

[Tonja]

Thanks for the info!

[GollyGeeWhiz]

I have a nasty little habit of conjuring up things to worry about. :(

I'm currently worrying whether all this business about the search of DM's condo being somehow illegal has any merit?

Do any of you believe or fear that evidence obtained in the search could be thrown out for any reason? :confused:

[magpie1]

Originally posted by GollyGeeWhiz
I have a nasty little habit of conjuring up things to worry about. :(

I'm currently worrying whether all this business about the search of DM's condo being somehow illegal has any merit?

Do any of you believe or fear that evidence obtained in the search could be thrown out for any reason? :confused:

GollyGeeWhiz,
I'm not a legal expert, but I read the original and subsequent search warrants, and it would appear that the detectives who went to Darren Mack's condo, entered the garage with "probable cause" after finding drops of blood on the driveway. Once they found Charla's body in the garage, they did a quick sweep of the condo with the sole purppose to determine if there were any other victims.

Then, the detective in charge called a judge and asked for a search warrant. In a three-way conversation, the judge swore the detective in, under oath, to state his justification for a search warrant. The judge's secretary took the conversation down as dictated over the phone and filled out the information for a search warrant which the judge then signed and dated.

With the judge's verbal authorization that a search warrant had been issued as of that date and time, the detectives could then conduct a search of the condo.

As I said, I'm no legal expert, but it would appear that all was done legally.

At that time, the Reno police had the murder of a woman believed to be the ex-wife of the owner of the condo. On the other side of town, a sniper had shot a judge. I believe it was only after the search warrant had been issued and a search of Darren Mack's condo was done, that police started putting together that the murder and the sniper attack had been done by the same man.

[GollyGeeWhiz]

Magpie,

Thanks for the response.

It makes perfect sense to me that under the circumstances, a search warrant would not have to be, nor even could be physically served on the owner of the condo. But as I'm sure you're aware, there have been rumblings here and there that the "quick sweep" of the condo was no such thing, LE took liberties, there were improprieties in the manner in which the search was conducted, on and on.

I'm fairly sure DM's defense team will go down that road. And while circumstances and common sense would seem to dictate that LE acted properly, I'm still concerned that there'll be a loophole and some or all of the evidence from the search will be thrown out. Perhaps there's enough evidence beyond the condo evidence that it won't ultimately matter.

Or perhaps I've watched one too many Law and Orders ... :rolleyes:

GGW

[magpie1]

GollyGeeWhiz,
In looking at the overall picture of the events of June 12th, I think the prosecution will be able to demonstrat that the police response was well within the law.

Dan Osborne called 911 with his concerns at 11:11am. At 11:18 the police responded to Darren Mack's condo, but were re-routed to another call. At 11:33am, the police went to Mack's condo and knocked on the front door. At 11:40am, the police, not getting a response to their knocking on the door, left. At that point, they had no authority to enter the condo. At some point Dan Osborne made another call to the police with his concerns. At 1:33pm Reno detectives met with Dan Osborne, who related what he observed. At 2:12pm, detectives went to Darren Mack's condo and in checking the outside noted drops of blood on the driveway. That gave them probably cause to enter the garage, using the access code that Dan Osborne had given them.

Upon entering the garage, the police found a woman's body. She had been stabbed to death. There were two vehicles in the garage, a Jeep Cherokee and a Lexus sport utility. Both were blood spattered.

At that point, it was only prudent that the police check the rest of the condo for other victims or the killer.

According to the original search warrant, when the police did that quick sweep of the condo, they observed certain things, like ammunition boxes and loose bullets on the floor of a bedroom, and on the steps leading from the garage up to the main living area, a rental agreement with Budget Rent-A-Car.

At that point the detective on the scene made the call to the judge to request a search warrant. He obtained a search warrant and the search was done and evidence collected. I believe the police had the grounds for the search warrant.

The defense will probably try to attack the evidence. They will try anything to defend their client, as that's what they're paid to do. But, I believe the evidence will be admitted.

It would appear that the defense is going for a dimminished capacity defense, in thier request for a psychiatric evaluation. It's as if the defense is achnowledging that Darren Mack is guilty, but that he was temporarily insane at the time.

If the defense request is granted, I'd expect the prosecution to request a psychiatric evaluation by their own choice of a psychiatrist.

[TobyTiger]

Originally posted by magpie1


I'm not a legal expert, but I read the original and subsequent search warrants, and it would appear that the detectives who went to Darren Mack's condo, entered the garage with "probable cause" after finding drops of blood on the driveway. Once they found Charla's body in the garage, they did a quick sweep of the condo with the sole purppose to determine if there were any other victims.


As I said, I'm no legal expert, but it would appear that all was done legally.

At that time, the Reno police had the murder of a woman believed to be the ex-wife of the owner of the condo. On the other side of town, a sniper had shot a judge. I believe it was only after the search warrant had been issued and a search of Darren Mack's condo was done, that police started putting together that the murder and the sniper attack had been done by the same man.
You are correct. In addition to the blood drops on the driveway, LE had the statement of Dan Osborne, and Osborne was the one who gave them the garage access code to enter the premises. It would be customary for LE to do a well-being search of the condo to determine if there was another victim, as Darren Mack was unaccounted for at that time. The search warrant was then obtained to enter the premises to search for evidence, after LE determined the possibility that Darren Mack was also connected with the shooting of Judge Weller.

[GollyGeeWhiz]

Thanks Mag and Toby. You've put my fears about evidence not being admitted to rest. :)

And you're right, Magpie, it does indeed appear that DM's attorneys are going for an insanity or diminished capacity defense. That's an excellent clue, I think, that they aren't planning to challenge or try to deny DM's involvement in the crimes.

GGW

[TobyTiger]

TIMELINE OF DARREN MACK CASE (http://news.rgj.com/apps/pbcs.dll/article?AID=/20060910/NEWS01/609100377/1004/NEWS)

From May 22, 2005 through September 13, 2006

:read:

[magpie1]

Originally posted by TobyTiger
TIMELINE OF DARREN MACK CASE (http://news.rgj.com/apps/pbcs.dll/article?AID=/20060910/NEWS01/609100377/1004/NEWS)

From May 22, 2005 through September 13, 2006

:read:

TobyTiger,
Thanks for the link! This is an important timeline of events.

[jerzyscott10]

wow! that is a really good recap of the events! good job!:beer: