The Trial Begins

[TobyTiger]

Day One of Jury Selection

COURTROOM TO BE FULL AS JURY SELECTION STARTS (http://news.rgj.com/apps/pbcs.dll/article?Date=20071001&Category=NEWS&ArtNo=710010352&Ref=AR)

RENO GAZETTE-JOURNAL
Posted: 10/1/2007

Judge: Douglas Herndon

Prosecutor: Robert Daskas
Prosecutor: Christopher Lalli

Defender: Scott Freeman
Defender: David Z. Chesnoff

SPECIAL REPORT | Darren Mack stands accused in the murder of his wife Charla and the sniper shooting of Judge Chuck Weller. This page is the place to follow the trial and find stories, photos, video and audio covering the events of June 12, 2006 and their aftermath.

Want to sit in on the trial?
Passes for members of the public who wish to attend Darren Mack's trial will be handed out each day beginning at 8 a.m. by the court administration in room 220 on the second floor of the Washoe District Court. Passes will be given on a first-come basis.

Beginning today, a stretch of Virginia Street in front of the Washoe District Court will be lined with large satellite television vans as jury selection begins in Darren Mack's trial on charges of murder and attempted murder.

National, state and local news organizations will pack the courtroom as prosecutors and defense lawyers begin questioning potential jurors to decide the fate of the

45-year-old pawn shop owner, charged with fatally stabbing his 39-year-old estranged wife, Charla, and shooting their divorce judge, Chuck Weller.

Weller was shot in the chest as he stood in his third-floor chambers on the morning of June 12, 2006. Hours later, detectives found Charla Mack's body on the floor of a townhouse that Darren Mack was renting.

Mack pleaded not guilty and not guilty by reason of insanity. Jury selection is expected to run at least three days. If an impartial jury is seated, the trial will begin and last about four weeks.

The court has established a list of rules for the players to follow as the trial begins.

Members of the public and family members must pick up passes to attend the trial. Everyone entering the courtroom will be relegated to specific seats, depending on their passes.

Video and still photography each will be limited to one camera, which will share its film with other media outlets. All members of the media must register with the court and wear badges.

According to the Court Decorum Order signed by Judge Douglas Herndon, 14 members of the media will be allowed to attend the jury-selection phase. The judge also initially allowed eight passes for the public, but said that number will be increased during jury selection.

Passes also will be given to court staff, family members on both sides and support staff for the defense lawyers and prosecution.

The number of passes will increase during the trial. Up to

32 members of the public will be allowed in at that point.

People attending the trial are prohibited from wearing pins, buttons, signs or clothing that expresses any statement for or against anyone involved in the case. No one will be allowed to enter the courtroom carrying newspapers or magazines, the judge's order said.

Once the court session begins, the judge has asked that those attending remain seated and leave only during breaks.

While today's hearing will start at 10 a.m., the judge plans to run the trial on most days from 8:30 a.m. to 2:30 p.m. He will allow breaks every 90 minutes, but will not hold a formal lunch break because of the early release each day.

[TobyTiger]

MACK JURY SELECTION UNDERWAY - 5 DISMISSED (http://news.rgj.com/apps/pbcs.dll/article?AID=/20071001/NEWS18/71001024&theme=)

RENO GAZETTE-JOURNAL
Posted: 10/1/2007


Before any prospective jurors were invited into the courtroom this morning, Darren Mack’s defense team renewed its request to move the case out of Washoe County.

But after hearing arguments from both sides, Judge Douglas Herndon turned them down.

David Chesnoff also told the judge that they planned today to again ask the court to split the case and try Mack separately on the murder and attempted murder charges.

He said at the next break he would offer new arguments to have two separate trials.

Mack is charged with killing his estranged wife Charla and shooting their divorce judge Chuck Weller.

In asking to send the case to Las Vegas, Chesnoff handed the judge a copy of today’s Reno Gazette-Journal, which contained a half-page photograph of Mack being led into a courtroom and announces the start of jury selection.

Besides the story, Chesnoff said the motion they filed this morning also included a pile of news articles and information from blogs and web sites about the Mack case.

Although Nevada law requires the court to try to seat a jury before a change of venue is granted, Chesnoff said the attention on this case has been so intense that the judge should move the trial right away.

“There’s a compelling need to give the defendant a fair trial,” Chesnoff said. “I ask you to consider, as a matter of due process, transferring this to another part of the state to avoid even the possibility of having to do this again.”

But Special Prosecutor Robert Daskas urged the judge to wait.

“Our point is, let’s at least try,” Daskas said. “If we can’t get Mr. Mack a fair jury, we’ll pack up and move.”

Herndon said he agreed that there has been significant publicity about the case, but he said he wanted to give the process a chance.

“There’s a lot of people who don’t watch that much news,” Herndon said. “I have to agree with the state -- we need to start questioning these folks.”

The bailiff then opened the door and about 50 prospective jurors filed in. The judge began asking the jurors about their personal experience with the police or court and how they felt about either.

When he asked whether any jurors had formed an opinion about Mack’s guilt or innocence, most raised their hands and said they had.

“I think it’s impossible to not have an opinion with all the coverage of this case,” one woman said.

Most of the jurors also raised their hands when asked if they had read, seen, or listened to media reports on the case.

The judge dismissed five potential jurors by 1:45 p.m.

[magpie1]

I think there's a real likelihood that the trial will be moved to Las Vegas. But, that said, it seems that the philosophy is that even if a potential juror has heard some of the media coverage, are they open-minded enough to listen to both sides of the case and render a fair decision. Based on that philosophy, they could probably seat a jury in Reno, but risk an appeal on the basis that the jury was prejudicial.

[TobyTiger]

I think there's a real likelihood that the trial will be moved to Las Vegas. But, that said, it seems that the philosophy is that even if a potential juror has heard some of the media coverage, are they open-minded enough to listen to both sides of the case and render a fair decision. Based on that philosophy, they could probably seat a jury in Reno, but risk an appeal on the basis that the jury was prejudicial.
I agree, magpie.

The State is going to have to be extremely careful during voir dire that someone isn't accepted onto the jury who may have a hidden prejudice...either against Darren Mack or be one of Mack's allies in his crusade against Judge Weller. A jury could probably be seated in Reno for the murder of Charla, however, it is the attempted murder of Judge Weller that I am more concerned about.

[magpie1]

I agree, magpie.

The State is going to have to be extremely careful during voir dire that someone isn't accepted onto the jury who may have a hidden prejudice...either against Darren Mack or be one of Mack's allies in his crusade against Judge Weller. A jury could probably be seated in Reno for the murder of Charla, however, it is the attempted murder of Judge Weller that I am more concerned about.

Toby,
With a high-profile case such as this, does the court rely only on the verbal answers of the potential juror during voir dire, or is there any sort of background information done? What I'm wondering is this: a potential juror fills out the questionnaire, but is there any sort of check to verify the information submitted? If there's no verification, someone could purposely falsify the information given on the questionnaire.

[TobyTiger]

Toby,
With a high-profile case such as this, does the court rely only on the verbal answers of the potential juror during voir dire, or is there any sort of background information done? What I'm wondering is this: a potential juror fills out the questionnaire, but is there any sort of check to verify the information submitted? If there's no verification, someone could purposely falsify the information given on the questionnaire.

Essentially, voir dire is questioning the juror under oath. Of course they could lie, but then it would be perjury.

[TobyTiger]

DAY ONE IN JURY SELECTION YIELDS SIX POTENTIAL JURORS (http://news.rgj.com/apps/pbcs.dll/article?AID=/20071002/NEWS10/710020339/1016/NEWS)

RENO GAZETTE-JOURNAL
Posted: 10/2/2007

Six potential jurors were chosen in the first day of the process.

WHAT'S NEXT
The jury selection process will continue today as the defense and prosecution work through a list of potential jurors to pick a group of 33. Once that number is reached, each side will make nine peremptory challenges and seat a panel of 12 jurors with three alternates. The process could run until midweek.

Six down, 27 to go.

One by one, prospective jurors in the Darren Mack murder trial were questioned Monday, and many were sent home after saying they had strong opinions about whether Mack is guilty or couldn't accept that mental health issues might have played a part in the crimes.

"The insanity plea? No," said potential juror No. 1 when asked if he could set his opinions aside and be open to possible defenses that Mack might employ. "I think he's a totally sane person."

Potential juror No. 1 was excused.

By the end of the day, six people, three men and three women, were approved for consideration to sit on the jury. Once they pick 33 people, the defense and prosecution will each make nine peremptory challenges to whittle the group to 12 jurors with three alternates.

The process is scheduled to continue today.

Mack is charged with fatally stabbing his estranged wife, Charla, on June 12, 2006, and then shooting their divorce judge, Chuck Weller. Mack has pleaded not guilty and not guilty by reason of insanity.

His lawyers also have suggested the killing might have been done in self defense.

About 50 potential jurors in the first panel answered questions as a group Monday morning and five were immediately let go.

A sixth potential juror was later removed from the list because her daughter went into the hospital that morning.

By afternoon, members of the trimmed-down group were called back individually to face the defense attorneys and prosecutors and share more details about what they know and feel about the case.

One woman who lives near Lake Tahoe said she would like to believe that she could come to the court with an open mind, but admitted she had read or heard too much to be unbiased.

A man said he was affected by the media coverage.

"I don't know how anyone could avoid being swayed by that," the man said. "I don't believe I could be impartial."

Another was excused because she's a full-time student at the University of Nevada, Reno, and sitting on the jury would interfere with her classes.

But six made it through. Among them:


One man is an obstetrician and gynecologist who had left his medical practice in recent years to trade stocks. He said he was open to an insanity plea, adding: "mental illness is a very powerful force," and said he was willing to listen "and do what's right."


Another man is a teacher and full-time student who said he did not believe a person could be temporarily insane, but said he would be willing to hear testimony from experts about whether it was possible.


One of the women chosen had asked on her jury questionnaire: "Why would he flee if he's innocent?" But she told the lawyers that she didn't trust the media to supply accurate information and said she didn't have a definite opinion about Mack's guilt or innocence.


Two other women agreed and were kept on the panel.

Before any prospective jurors were invited into the courtroom, Mack's defense team renewed its request to move the case out of Washoe County. To that end, David Chesnoff handed the judge a copy of Monday's Reno Gazette-Journal, which contained a half-page photograph of Mack being led into a courtroom and announced the start of jury selection.

Besides the story, Chesnoff said the motion they filed Monday morning also included a pile of news articles and information from blogs and Web sites about the Mack case.

Although Nevada law requires the court to try to seat a jury before a change of venue is granted, Chesnoff said the attention on this case has been so intense that the judge should move the trial right away.

"There's a compelling need to give the defendant a fair trial," Chesnoff said. "I ask you to consider, as a matter of due process, transferring this to another part of the state to avoid even the possibility of having to do this again."

But Special Prosecutor Robert Daskas urged the judge to wait.

"Our point is, let's at least try," Daskas said. "If we can't get Mr. Mack a fair jury, we'll pack up and move."

Judge Douglas Herndon said he agreed that there has been significant publicity about the case, but he said he wanted to give the process a chance.

"There's a lot of people who don't watch that much news," Herndon said. "I have to agree with the state."

[magpie1]

Judge angered by Mack jury selection pace

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/2/2007

Three more people were approved this afternoon to sit on the Darren Mack murder trial, bringing the total for the day to six out of 34 questioned individually during a painfully slow process that tested the patience of the judge.

When added to yesterday’s six, the court has approved 12 potential jurors as they work toward a total of 35. That number grew by two since yesterday, after the prosecution and defense were each granted an additional preemptory challenge.

Once 35 are chosen, both sides will excuse 10 jurors each without giving a reason, leaving a panel of 12 with three alternates.

Mack, a 46-year-old pawn shop owner, is charged with killing his estranged wife, Charla, and shooting sniper-style their divorce judge, Chuck Weller. He has pleaded not guilty and not guilty by reason of insanity.

Questioning is scheduled to start again Wednesday at 8:30 a.m. with a new batch of about 50.

As each of the potential jurors were escorted into the courtroom, they were asked to share their thoughts on the case, and, at times, reveal extremely personal information, ranging from divorces, previous arrests, work, and girlfriends or husbands.

Mack’s lawyers, David Chesnoff and Scott Freeman, have asked the court to move the case out of the area because of the intense media coverage, and pressed potential jurors about their ability to hear the case without having formed an opinion.

Special prosecutors Christopher Lalli and Robert Daskas have argued that the court should try to find an unbiased panel and aggressively countered many of the defense lawyers’ questions to see if the person could be approved.

By mid-afternoon, Judge Douglas Herndon scolded both two sides for bouncing back and forth with their questions, which sometimes kept the individuals sitting in the hot seat for 20 minutes.

“We’re going to be here for three weeks,” he told the sides with a stern voice.

While some took a long time to be excused or approved, many were released quickly after stating firmly that they believed Mack committed the crimes.

“Do you have an opinion about Mr. Mack’s guilt?” Lalli asked one man.
“Yes,” he responded. “I could try to set it aside but probably it’s always going to be there.”

Another man said the media coverage has had a powerful impact on the region.

“With the notoriety this case has, you’d probably have to be in Australia to not know about it,” the man said.

“I couldn’t have said it any better,” Freeman responded.

Two were dismissed for different reasons: one woman said she didn’t like the police and another said she faints at the sight of or while hearing about medical issues involving blood.

Herndon agreed that having a juror faint during trial would be a problem.

One man who was accepted in the afternoon, a small-business owner, said although he knew about the case, he had not formed an opinion.
“I don’t know what is fact or fiction,” the man said of the media coverage. “Nothing has gone on in my mind one way or another.”

Another man selected initially said sitting on the jury for four weeks would be tough on his new business, which he hopes to open by Nov. 1. But after Herndon declined dismissing him for that reason, the man said he would do a good job if picked to serve.

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071002/NEWS18/71002051&oaso=news.rgj.com/breakingnews

[TobyTiger]

JURY SELECTION CONTINUES IN MACK MURDER TRIAL (http://www.lasvegassun.com/sunbin/stories/nevada/2007/oct/03/100310175.html)

Today: October 03, 2007 at 15:40:4 PDT

Jury selection in the case of a man charged with killing his estranged wife and shooting the judge handling their divorce entered its third day on Wednesday with attorneys questioning a second panel of prospective jurors.

The first two days of the trial of Darren Mack resulted in the tentative seating of 12 jurors from a panel of 52.

Another 33 prospective jurors received instructions from the judge on Wednesday before attorneys began questioning them individually.

About 400 potential jurors filled out questionnaires. Some 70 were eliminated on the basis of their answers before selection even began.

On Wednesday, District Judge Douglas Herndon sought a show of hands when he asked such questions as whether prospective jurors had close friends or relatives who had been arrested, whether they knew any people on the list of 200 prospective witnesses or whether they would give more or less credence to testimony from a police officer.

The judge and the attorneys also asked personal questions about divorces or custody fights since Mack and his wife Charla were in the midst of both.

While most of the potential jurors said on their questionnaires they were familiar with the case, fewer than one-third raised their hands when the judge asked if they had read or heard reports since they filled out the questionnaire.

Mack, 46, formerly a wealthy pawn shop owner, is charged with killing his wife in June 2006. After allegedly stabbing her to death in the garage of Mack's town house, authorities say he drove to downtown Reno where he shot and wounded Family Court Judge Chuck Weller, who was handling their bitter divorce. The judge recovered.

Mack has pleaded not guilty and not guilty by reason of insanity to charges of murder and attempted murder. If convicted, he faces a sentence of life in prison without possible parole, life with the possibility of parole or 50 years.

The first two prospective jurors on Wednesday were dismissed after indicating they would be most likely to prefer a sentence of life without parole.

[TobyTiger]

ONE MORE JUROR SELECTED (http://news.rgj.com/apps/pbcs.dll/article?AID=/20071003/NEWS18/71003024&theme=)

The only potential juror selected this morning in the Darren Mack trial had his own history with murder and mental illness: His sister-in-law was charged with killing her two children by poison gas, and sent to a mental institution for eight or nine years.

The questioning process can get pretty personal at times.

After calling in the next batch of potential jurors to meet the prosecutors and defense lawyers this morning, jurors were escorted in one at a time to share their thoughts on the case, and reveal pieces of their background that could influence their ability to serve on the trial.

Of the seven questioned before the lunch break, only one was picked.
Some were released quickly, after their answers showed a strong opinion concerning Mack’s guilt.

But some interviews, including the one with the man with the mentally ill sister-in-law, took 10, 20 or even 45 minutes, slowing the selection process to a crawl.

In his case, the sister was found not guilty by reason of insanity, he said, but he did not have an opinion about whether that was an appropriate outcome.

Mack is charged with killing his estranged wife, Charla, on June 12, 2006, and then shooting their divorce judge, Chuck Weller. He has pleaded not guilty and not guilty by reason of insanity.

Then juror selected today brings the total so far to 13. If the goal of 35 is reached, the prosecution and defense will each excuse 10, leaving a panel of 12 with three alternates.

One was excused because of a hearing problem, and two women were let go after stating that they were adamant in their belief that a person convicted of first-degree murder must spend the rest of his or her life in prison.

Under Nevada law, jurors must be willing to consider two other options: life with parole or a 50-year term.

[TobyTiger]

UPDATE!

JUDGE TO RULE THURSDAY ON MOVING MACK TRIAL FROM RENO (http://www.lasvegassun.com/sunbin/stories/nevada/2007/oct/03/100310210.html)

RENO, Nev. - With less than half the potential jurors needed passing muster after three days of jury selection, the judge in Darren Mack's murder trial said Wednesday his optimism is waning about the ability to give Mack a fair trial without moving the case elsewhere.

District Court Judge Douglas Herndon said he would rule Thursday morning on defense attorneys' latest motion to move the trial to Las Vegas due to extensive pretrial publicity of the formerly wealthy Reno pawn shop owner accused of murdering his wife and shooting the judge handling their bitter divorce.

By the end of another full day of questioning, Herndon seated only one new potential juror and dismissed another previously seated after learning about some misleading statements he made to the court.

"We've been through 15 and we only have one," Herndon said after Mack's defense lawyers again called for a change in venue Wednesday afternoon. "My optimism this morning has decreased through the day."

Mack lawyer David Chesnoff told the Reno Gazette-Journal the defense has been concerned about some of the answers they've heard from some potential jurors, and said there may be "less than candid people who were more interested in being on the jury than being forthright with us."

Starting with a panel of 52, the first two days of the trial resulted in the tentative seating of 12 jurors of the total of 35 they are seeking.

If 35 are approved, the prosecution and defense will each excuse 10, leaving a panel of 12 with three alternates.

On Wednesday, the judge sought a show of hands when he asked such questions as whether prospective jurors had close friends or relatives who had been arrested, whether they knew any people on the list of 200 prospective witnesses or whether they would give more or less credence to testimony from a police officer.

The judge and the attorneys also asked personal questions about divorces or custody fights since Mack and his wife Charla were in the midst of both.

While most of the potential jurors said on their questionnaires they were familiar with the case, fewer than one-third raised their hands when the judge asked if they had read or heard reports since they filled out the questionnaire.

Mack, 46, is charged with killing his wife in June 2006. After allegedly stabbing her to death in the garage of Mack's town house, authorities say he drove to downtown Reno where he shot and wounded Family Court Judge Chuck Weller, who was handling their bitter divorce. The judge recovered.

Mack has pleaded not guilty and not guilty by reason of insanity to charges of murder and attempted murder. If convicted, he faces a sentence of life in prison without possible parole, life with the possibility of parole or 50 years.

The first two prospective jurors on Wednesday were dismissed after indicating they would be most likely to prefer a sentence of life without parole.

[magpie1]

Judge orders Mack trial moved to Las Vegas

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/4/2007

The Darren Mack murder trial will be held in Las Vegas.

Judge Douglas Herndon ruled this morning that after three days of a slow and arduous jury selection process, it will be too difficult to try to seat a jury in Washoe County, and in order to ensure a fair trial, the trial must be moved.

“I think it’s apparent there’s a reasonable likelihood that an impartial panel cannot be found here,” Herndon said, adding that there’s been “a pervasive amount of publicity that would compromise the case.”

“For those reasons, a change of venue is warranted,” he said.

He said they would work out a jury questionnaire for people in Clark County this week and begin jury selection in Las Vegas on Oct. 15.

Mack is charged with killing his estranged wife, Charla, on June 12, 2006, and with shooting their divorce judge, Chuck Weller.

Jury selection began in Washoe District Court on Monday, but only 12 potential jurors have been selected. They need 35.

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071004/NEWS18/71004009

[magpie1]

I don't think many of us are surprised that the trial is being moved to Las Vegas. I am surprised that the trial is to resume on October 15th with jury selection in Las Vegas. I expected the move to another jurisdiction would delay the start of the trial by months. Perhaps the judge anticipated the likelihood that the move would be made and plans were in place should that decision be made.

[TobyTiger]

I don't think many of us are surprised that the trial is being moved to Las Vegas. I am surprised that the trial is to resume on October 15th with jury selection in Las Vegas. I expected the move to another jurisdiction would delay the start of the trial by months. Perhaps the judge anticipated the likelihood that the move would be made and plans were in place should that decision be made.

I predicted this, and I also believe that the Judge and DA also anticipated the outcome of jury selection in Washoe County, however did not want to grant the defense request until trying to seat a jury there. Remember also that the Judge and DA are from Clark County.

[TobyTiger]

JUDGE EXPLAINS WHY HE MOVED MACK TRIAL (http://news.rgj.com/apps/pbcs.dll/article?AID=/20071004/NEWS18/71004015&theme=)


After a series of sleepless nights, Judge Douglas Herndon said today that he must give up what may have been a stubborn attempt to keep the case in Washoe County and move the Darren Mack murder trial to Las Vegas.

He plans to work with the court to send out juror questionnaires and begin jury selection in the Clark County District Court on Oct. 15.

“I was still optimistic going into Monday and confident about our ability to get a jury here,” Herndon said during a long explanation before granting the defense motion for a change of venue. “I’ve said all along that I have a strong desire that the trial should stay here.”

“The people of this community should have the ability to oversee the adjudication of its criminal cases.”

However, he said, Monday was slow and Tuesday was worse.

“And when we began Wednesday, I was still holding tight to my belief that with time, we could get this done,” he said Thursday. “But yesterday was just a disaster.”

By this morning, he said, he was clear that he was ready to make the decision and move the trial.

“I believe enough efforts have been make to have an understanding of where we are,” he said.

Changes of venue are rare in Nevada — and the law requires that an attempt to seat a jury be made first. But a number of factors came into play to make this an unusual case, he said.

For one, when the defense filed its motion, it included 144 articles about the case from the Reno Gazette-Journal alone, and another 242 television stories on the case.

“Those are massive amounts of media reports in my opinion,” Herndon said, adding that it didn’t include the national media, the 48 Hours show, or other outlets, including blogs.

That’s compared with the 66 news articles included when Priscilla Ford’s lawyers tried to move her case out of the region. Ford was sentenced to death after being convicted in 1982 on six counts of murder. Ford drove her Lincoln Continental onto a crowded sidewalk on Thanksgiving Day in 1980. A seventh victim died later.

Another factor, Herndon said, was the prominence of many of the players involved: Mack and his family are well-known in the community; and Judge Chuck Weller and Washoe District Attorney Richard Gammick have high-profile positions and were elected to their posts.

And the crime itself was sensational: the killing of a young mother allegedly by her estranged husband while their daughter was upstairs, and the shooting of a judge.

When all of those pieces came together with the fact that most people questioned had knowledge of the case, “we had an uphill battle.”

“So let’s cobble together a jury of people with the least amount of knowledge about it?” he said. “That’s a difficult way to begin to try to put together a jury.”

[GollyGeeWhiz]

Hi Toby & Magpie :seeya:

I have to believe they'll run into at least some problem in Vegas finding 'impartial' jurors. The Mack family is also somewhat high profile down there, plus the very nature of this case makes it notable and memorable. Heck, even 48 Hours (if I remember correctly) has done a feature on it.

Sounds like it's going to cost a fortune, too, to move the thing down south.

GGW

[TobyTiger]

Hi Toby & Magpie :seeya:

I have to believe they'll run into at least some problem in Vegas finding 'impartial' jurors. The Mack family is also somewhat high profile down there, plus the very nature of this case makes it notable and memorable. Heck, even 48 Hours (if I remember correctly) has done a feature on it.

Sounds like it's going to cost a fortune, too, to move the thing down south.

GGW
Greetings GGW!
:seeya:

I would imagine there would be several potential jurors in Clark County who have heard of the case, or knew one of Darren Mack's relatives was on the City Council and/or have heard of the Mack family.

However it is a much larger jury pool than in Washoe County, and Judge Weller isn't known there. I don't believe cost will enter into this as much as some other cases with a change of venue as Judge Herndon and the DA are based in Las Vegas, as well as Mack's attorney(s).

[magpie1]

Hi Toby & Magpie :seeya:

I have to believe they'll run into at least some problem in Vegas finding 'impartial' jurors. The Mack family is also somewhat high profile down there, plus the very nature of this case makes it notable and memorable. Heck, even 48 Hours (if I remember correctly) has done a feature on it.

Sounds like it's going to cost a fortune, too, to move the thing down south.

GGW

Hi GollyGeeWhiz, :seeya:

I think it will be far easier to find a jury in Las Vegas, given it's size and that it's at least some distance from Reno.

From an expense point of view..........with the prosecution having over 200 potential witnesses, that will need to be brought to Las Vegas, it's going to get expensive with transportation and lodging for each of them!

[GollyGeeWhiz]

It will continue to be interesting, that's for sure. In trying to imagine the coordination involved in arranging for 200+ witnesses to be in a Las Vegas courtroom on the right dates, at the right times ... well, I sure wouldn't want that job. :eek:

I guess I'll see you back here on the 15th when the trial resumes. (Or before that if there are any more surprises in the case, which would be par for the course!)

GGW

[TobyTiger]

It will continue to be interesting, that's for sure. In trying to imagine the coordination involved in arranging for 200+ witnesses to be in a Las Vegas courtroom on the right dates, at the right times ... well, I sure wouldn't want that job. :eek:

I guess I'll see you back here on the 15th when the trial resumes. (Or before that if there are any more surprises in the case, which would be par for the course!)

GGW

You are correct....that is the hardest part of having a COV. However, in this case it must be done and I'm sure it is something the State has been anticipating both in budget and scheduling.

[TobyTiger]

Additional information relative to the cost of moving the trial to Las Vegas:

"Washoe District Chief Judge Jerry Polaha said having a judge order a move like this is unprecedented in Washoe County.

"I haven't seen it happen," Polaha said.

Sending the trial across the state is expected to cost the county an extra $100,000, said Kathy Carter, a county spokeswoman.

"It's very vague at this time," Carter said. "But we know the costs will be at least $100,000."

That total includes moving the evidence, flying witnesses south and paying for their lodging, as well as paying the salaries of the two special prosecutors, she said. And it comes at a bad time, she said.

The additional cost comes as Washoe County officials grapple with $14 million spending shortfall, and departments have been forced to cut their budgets by 5 percent, Carter said.

Carter said they will need to go to the board and ask to tap the county's contingency fund -- a fund that sits at a frighteningly low $500,000.

"It's a bad time any time," she said, "but yes, budget wise, it's a very bad time."

"But public safety is the responsibility of county government," she said, including paying for the courts. "It's something we have to do."

There will be no additional cost to the state because of the change in venue, said Bill Gang, spokesman for the Nevada Supreme Court.

"A senior judge already was assigned to hear Judge Herndon's cases and will continue to sit no matter where he hears the trial," Gang said."

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071004/NEWS/710050504/1004

[magpie1]

Thanks Toby,
It looks like this is going to be an expensive case to try, and is coming at a time when they can least afford it.

[TobyTiger]

Thanks Toby,
It looks like this is going to be an expensive case to try, and is coming at a time when they can least afford it.

You're welcome!

I am actually surprised at the financial straits of Washoe County.
:shrug:

[TobyTiger]

Nothing in the news this week...however this article re: jury selection is interesting.

MACK JURY (http://www.kolotv.com/home/headlines/10440442.html)

Reno
Posted: 4:42 PM Oct 10, 2007
Last Updated: 5:02 PM Oct 10, 2007
Reporter: Terri Russell

Professor Jim Richardson is the director of the Sawyer Center at UNR.

In the past he has helped public defenders in both the Priscilla Ford and Gerald Gallegos attempt to get a change of venue. Such fact gathering he says can be invaluable when it comes time to pick a jury.

"Anytime you do change of venue research to try and find out if there is bias and prejudice you end up being able to categorize people or develop ideas about types of people that are more open minded or objective about the case so that in turns out to be valuable information when you are trying to seat a jury."

Richardson says his experience and research in high profile cases tells him the more exposure to a certain case a potential juror has the tougher it is to get an impartial juror.

"The chances are much higher that they have made their mind up about the case. And so if all that publicity has been negative in tone, and that is usually the case by the way. You don't see human interest stories that make you love the defendant. Most of the stuff is horrendous and the media will contain information that is no admissible in court. And so for jurors to see this information that is not admissible in court but to have it part of the mind set is a real problem."

And that's exactly what happened in the Darren Mack case last week. Judge Doug Herndon granted a change of venue because he said it would be nearly impossible to seat a jury in Washoe County. He based his decision in part on media coverage and Mack himself being a high profile defendant in Northern Nevada.

Richardson predicts a jury will be seated in Clark County within a week. There will be the typical questions he says like how much coverage a potential juror has seen....but he says there will also be some underlying criteria both sides will be looking for,.

"The prosecution will probably prefer to have more females on the jury in a domestic violence case or in a case that involves domestic violence. The defense would like to have a lot of folks somewhat similar to Mister Mack himself in terms of social characteristics."

[impartial]

Hi Toby :seeya:

Marta and Loni are going to be covering the trial, starting Monday.

Looking forward to the trial. Thanks for all of the links, I am now caught up and ready to begin!!!!

[TobyTiger]

Hi Toby :seeya:

Marta and Loni are going to be covering the trial, starting Monday.

Looking forward to the trial. Thanks for all of the links, I am now caught up and ready to begin!!!!

Welcome aboard!!

Great news that KTLA is going to cover the trial. I also have one beginning on Monday....but will be here each evening.
:patriot:

[TobyTiger]

MACK CASE RESUMES MONDAY IN LAS VEGAS (http://news.rgj.com/apps/pbcs.dll/article?AID=2007710140329)

RENO GAZETTE-JOURNAL
Posted: 10/14/2007

About 200 potential jurors who live in Las Vegas filled out questionnaires last week and will begin interviews on Monday to determine whether they can sit on the Darren Mack murder and attempted murder trial.

This is the second go-around for prosecutors, defense lawyers and the judge, who abandoned the process in Reno two weeks ago after hearing again and again from prospective jurors that they had formed an opinion about Mack's guilt and could not set it aside.

To achieve a fair trial, Judge Douglas Herndon said, the case had to move.

The tab for jetting Mack, witnesses and evidence to the other side of the state will likely top $100,000 for an already cash-strapped Washoe County. But as county spokeswoman Kathy Carter said, it's a bill they'll have to pay; public safety is the responsibility of county government.

Mack, a 46-year-old dark-haired businessman with a long face and muscular shoulders, is charged with fatally stabbing his estranged 39-year-old wife, Charla, on June 12, 2006, and shooting, sniper-style, their divorce judge, Chuck Weller.

Mack became one of the FBI's most wanted fugitives when he was on the run for 11 days after the crimes.

Weller, who was hit with shrapnel after the bullet splintered as it broke through the window of his third-floor chambers, was treated, released and stayed in hiding until Mack was securely behind bars in the Washoe County Jail.

He was moved to a new cell in the Clark County Jail on Tuesday, the same day the 200 juror prospects visited the Clark County courthouse to page through forms and check off boxes.

"Have you heard, read or seen any media reports regarding this case?" the prospective jurors were asked. Do you have strong feelings or opinions about Richard Gammick, the form asked. Have you ever filed for or been granted a divorce?

Media saturation

Similar questions asked in Washoe County revealed a community saturated with information on the case and a large number of individuals who had formed an opinion, according to a breakdown that was attached to the change-of-venue motion.

Of the first pile of questionnaires reviewed by the court, which included 237 people, 95 percent said they had heard, read or seen reports on the case.

Most, 38 percent, said they had been exposed to the Mack story more than 20 times, while 20 percent said they had seen or heard of it in the media 10 to 20 times.

Out of that group, 30 percent said Mack was definitely guilty, 18 percent said he was guilty and 20 percent said he was probably guilty.

To emphasize their point about the need to move the trial, Mack's defense lawyers, David Chesnoff and Scott Freeman, attached to the change of venue motion 144 articles that appeared in the Reno Gazette-Journal from June 12, 2006 to Sept. 30, 2007.

They also included 242 television stories that ran in the first few weeks of the crimes.

"Without laying any fault on the citizens of Washoe County, too many salacious and irrelevant yet unforgettable details were revealed," they said in the motion. "Too many witnesses and parties were familiar; too much discourse took place before the first piece of admissible evidence was introduced."

The residents of Washoe County should only have to go through a trial once, they argued. To ensure the fairest trial possible, the trial could not be held here, they said.

Plan down south

The limited interest in the case by Clark County residents and media is evident in the new plans for the coverage of the case now that it will be held in the Regional Justice Center in Las Vegas.

In the Reno courtroom, media were limited to 14 passes during the jury selection process, and fewer public passes were available.

But Las Vegas court spokesman Michael Sommermeyer said he won't be using the pass system. Instead, he said he will simply check in with members of the media who come to court each day.

Besides the Reno Gazette-Journal and several Reno television reporters, producers from national programs including "48 Hours," "Dateline" and Court TV plan to attend.

[magpie1]

My ISP went down for a few days or I would have posted this earlier. This is a link to website called Vinelink, which shows where a person is incarcerated. Last week, on Tuesday, I checked it out and Darren Mack was no longer listed as being in the Reno jail, and was listed as being held in a Clark County jail facility. That was a quick move.

http://www.vinelink.com/vinelink/initMap.do

[magpie1]

Judge denies request to sever Mack counts

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/15/2007

LAS VEGAS – Before bringing in the first batch of prospective jurors this morning, Darren Mack’s lawyers again asked the judge to sever the counts and try Mack separately on the murder and attempted murder charges.

Mack may need to take the stand to explain how he defended himself when describing what happened when his estranged wife, Charla, was killed, said David Chesnoff. But that would open him up to questions from prosecutors concerning the not guilty by reason of insanity defense on the charge of shooting their divorce judge, he said.

“He’s between a rock and a hard place,” Chesnoff told Judge Douglas Herndon.

But Special Prosecutor Christopher Lalli said the defense has raised this issue before, has been denied, and should be denied again.

“Nothing has changed,” Lalli said. “The ruling should stand as it is.”

Chesnoff responded by saying that as the trial date drew closer, it became more clear that raising two different defenses would be complicated. If the judge would not split the cases, Chesnoff asked that he at least limit the prosecution’s cross examination.

Herndon denied the request to sever the counts, and said he would be willing to hear arguments at a later date concerning whether it would be possible to restrict the questioning if Mack takes the stand.

Mack, a 46-year-old pawn shop owner, is charged with killing Charla Mack, on June 12, 2006, and then shooting sniper-style Washoe District Family Court Judge Chuck Weller, who was overseeing their divorce.

Mack has pleaded not guilty and not guilty by reason of insanity.

The trail was moved from Reno to Las Vegas two weeks ago after the court was not able to find an impartial panel.

Herndon said early today that he met with prosecutors and defense lawyers on Friday and excused 30 possible jurors in Las Vegas based on questionnaires they had filled out last week.

They were let go for a variety of reasons, including hardships and expressing strong opinions about the case.

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071015/NEWS18/71015010&oaso=news.rgj.com/breakingnews

[TobyTiger]

Reno Gazette-Journal correspondent Martha Bellisle has been covering the Darren Mack case since 2006. Here is her report from the Clark County courtroom:

A gaggle of Reno reporters migrated south this weekend and will begin their Monday in an unfamiliar courthouse as the new jury selection process in the Darren Mack murder trial begins. About 40 prospective jurors will crowd the courtroom in the Regional Justice Center in downtown Las Vegas to reveal their knowledge of a story that gripped Reno for 15 months. The questioning begins at 10 a.m. and will run through the day. Stay tuned. The RGJ will be updating through the day. posted by Martha Bellisle at 8:07 AM


Two full rows of media, including Dateline, Court TV, 48 Hours, Las Vegas television and Reno reporters, lined the back of the 10th floor courtroom in the Clark County Regional Justice Center (to the right) this morning for the second attempt to find an impartial jury to decide Darren Mack's fate.
Mack sat silently in a navy sport coat as his mother, brother and female friend sat behind him during the early morning hearing. Before prospective jurors were brought in, Mack lawyer David Chesnoff again asked the judge to sever the murder and attempted murder charges and hold two trials. Judge Douglas Herndon denied the request.
The jury selection process was delayed until 1:30 p.m. today due to some miscommunication between the court and the jury commissioner. About 30 people from Panel A will be questioned and additional panels brought in as the two sides try to gather a group of 35. Once picked, the prosecution and defense will be allowed to dismiss 10 each, leaving 12 with three alternates.
posted by Martha Bellisle at 12:08 PM

At about 2 p.m., the bailiffs finally led the first group of potential jurors into court and Darren Mack murder trial began.
After the prosecution and defense read a long list of possible witnesses, the judge began asking them questions, including whether anyone would give more weight to the testimony of a police officer, and whether they could hold off on forming an opinion about the case until all the evidence was in.
Next came a key question in Reno: Did anyone see, watch, listen to or read anything about the case since filling out the questionnaire last week. Several said, "yes."
Judge Douglas Herndon then read off a short list of names and asked those people to wait in the hall so that they could be called in one-by-one for questioning.
Mack's Reno lawyer, Scott Freeman began with the first woman, who said she had heard about the judge shooting and murder when it happened, and recalled that the suspect fled, but she was not clear on the details.
Questioning was expected to run several days. posted by Martha Bellisle at 2:31 PM

http://www.rgj.com/blogs/judge-shooting/

[TobyTiger]

My ISP went down for a few days or I would have posted this earlier. This is a link to website called Vinelink, which shows where a person is incarcerated. Last week, on Tuesday, I checked it out and Darren Mack was no longer listed as being in the Reno jail, and was listed as being held in a Clark County jail facility. That was a quick move.

http://www.vinelink.com/vinelink/initMap.do
Thank you magpie!

I read in the RGJ that he'd been moved a few days ago, which is standard procedure when a trial receives a change of venue.
:patriot:

[GollyGeeWhiz]

Hi Toby,

Thanks for the link to Martha's blog -- that'll come in handy for getting updates, especially once testimony begins.

GGW

[TobyTiger]

Hi Toby,

Thanks for the link to Martha's blog -- that'll come in handy for getting updates, especially once testimony begins.

GGW

I found it useful to get updates throughout the day.

She's been a great reporter covering the case since day one.
:read:

[TobyTiger]

LATE UPDATE... (http://www.rgj.com/blogs/judge-shooting/)

By just after 5 p.m., six prospective jurors had been questioned and all six were excused. No was was let go because they believed Darren Mack was guilty. The reasons differed this time. One had a bias toward law enforcement. One had been in a violent marrage and there was concern that he would bring that experience into his opinions about this case. Another said he could not consider an insanity defense. Judge Douglas Herndon appeared to be ready to keep pushing until he secured at least one. posted by Martha Bellisle at 5:03 PM

[magpie1]

Court TV often has coverage of trials, and I noted that Court TV was mentioned in the list of media. I wonder if they're going to be doing any reporting from the courthouse?

[TobyTiger]

Court TV often has coverage of trials, and I noted that Court TV was mentioned in the list of media. I wonder if they're going to be doing any reporting from the courthouse?

Just checked Court TV News...and didn't find anything re: Darren Mack.

:shrug:

[magpie1]

Thanks Toby!

I found an interesting link. This is for one of Las Vegas's television stations and there's a video of Mack arriving in Las Vegas last Tuesday (the day I found via Vinelink that he had been moved), and a report from the court house earlier today about jury selection beginning. This might be a good station to bookmark for trial coverage:

http://www.ktnv.com/

[TobyTiger]

Thanks Toby!

I found an interesting link. This is for one of Las Vegas's television stations and there's a video of Mack arriving in Las Vegas last Tuesday (the day I found via Vinelink that he had been moved), and a report from the court house earlier today about jury selection beginning. This might be a good station to bookmark for trial coverage:

http://www.ktnv.com/

THANK YOU!

I believe KTLA (a Los Angeles station) is also covering the trial online.

[magpie1]

THANK YOU!

I believe KTLA (a Los Angeles station) is also covering the trial online.

Thanks Toby........I've already got that one bookmarked. :) I found another one that's better than the first one I linked above. This is the local Las Vegas CBS station, and they've got video of today's events inside the courtroom. They showed clips of the prosecutor addressing the court; Darren Mack, and the judge. Here's the link to that station:

http://www.klas-tv.com/

[TobyTiger]

Thanks Toby........I've already got that one bookmarked. :) I found another one that's better than the first one I linked above. This is the local Las Vegas CBS station, and they've got video of today's events inside the courtroom. They showed clips of the prosecutor addressing the court; Darren Mack, and the judge. Here's the link to that station:

http://www.klas-tv.com/

Thanks!

You're right, that station was better...with the in-court coverage.

[magpie1]

Toby,
Did you catch what the reporter said about O.J. Simpson? He said that the O.J. Simpson hearing is to take place on November 8th, and if the Darren Mack trial isn't over by then, it's going to be a zoo at the courthouse with media covering both the Mack trial and the Simpson hearing. Two high profile cases at the same courthouse at the same time!

[magpie1]

Two more jurors added to pool in Mack trial

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/16/2007
Modified: 10/16/2007

LAS VEGAS – By the morning break in the Darren Mack murder trial, one woman and one man were added to the pool of prospective jurors as prosecutors and defense lawyers try to gather a group of 35.

Adding today’s two to yesterday’s two, they still need 31. Once that total is reached, the two sides will each dismiss 10 to reach a panel of 12 with three alternates.

The questioning skipped along today with nine brought in by later in the morning.
Several were dismissed quickly: one said his wife has cancer and is about to undergo surgery. A woman was immediately let go after saying she home-schools her children and her husband is in the military and she can’t be away.

But two were added.

The woman who was accepted has worked for Wells Fargo and has three children. She said she knew a few minor details about the case, saying “I remember hearing the word ‘judge,’” but was able to approach the case with an open mind.

The man who was added to the list is a manager at a local pizza restaurant and has a black belt in Tae Kwon Do. He said he questioned whether the plea of not guilty by reason of insanity was a legitimate defense, but said he would try to stay open and the judge allowed him to stay.

Mack, a 46-year-old pawn shop owner, is charged with killing his estranged wife, Charla Mack, on June 12, 2006, and then shooting sniper-style Washoe District Family Court Judge Chuck Weller, who was overseeing their divorce.

Mack has pleaded not guilty and not guilty by reason of insanity.

The trail was moved from Reno to Las Vegas two weeks ago after the court was not able to find an impartial panel in Washoe County.

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071016/NEWS18/71016010&oaso=news.rgj.com/breakingnews

[magpie1]

This Las Vegas television station is covering the Darren Mack trial. On this page of their website on the left-hand side, is a series of documents pertaining to the arrest report of Darren Mack.

http://www.klas-tv.com/Global/story.asp?S=7207343

[TobyTiger]

Toby,
Did you catch what the reporter said about O.J. Simpson? He said that the O.J. Simpson hearing is to take place on November 8th, and if the Darren Mack trial isn't over by then, it's going to be a zoo at the courthouse with media covering both the Mack trial and the Simpson hearing. Two high profile cases at the same courthouse at the same time!

Yeah...I did catch that! I doubt that Mack's trial will be finished by that date; it's only three weeks away.

[TobyTiger]

MARTHA'S BLOG FOR TODAY... (http://www.rgj.com/blogs/judge-shooting/)

The scene in the courtroom at the Clark County Regional Justice Center in Las Vegas is similar to court in Reno, but the overall setting is dramatically different. The justice center, lined in front by two rows of palm trees, is a busy place: hundreds of people shuffle around the first floor early in the morning, and dozens form a line waiting to squeeze into one of the elevators. The public information officer for the court likes to joke that although there are six elevators, only four are working at any given time.
The Mack case is being held in a courtroom on the 10th floor, forcing all involved to arrive early to get a ride up or walk the stairs.
During breaks or at lunch, a good portion of the time is spent getting to and from Courtroom 10D.
posted by Martha Bellisle at 2:52 PM


The one-on-one prospective juror questioning process being used in the Darren Mack trial is again proving painfully slow. Most know little about the case, but many have opinions about Mack's possible defenses, have ideas about what an appropriate sentence for first-degree murder should be, have personal histories that involve messy divorces. All of these things have cause people to be dropped from the list.
Frustrated with the slowness, the judge said yesterday that he would be more strict about the lawyers' questioning, not allowing what they call the "ping-pong" game of drilling the possible juror in order to disclose any bias. posted by Martha Bellisle at 5:52 AM

[magpie1]

Thanks Toby! Ten flights of stairs would be quite a trek if one was late and couldn't get an elavator! Las Vegas is a much larger city, so I'm sure the courthouse is busier than the one in Reno, with a lot more trials/hearings going on.

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/16/2007
Modified: 10/16/2007

LAS VEGAS – The jury selection process in the Darren Mack murder trial picked up today with half of the 12 people questioned being added to the growing pool by the noon break

Today’s six plus yesterday’s two leaves 27 to go.

A nuclear scientist was among those approved to join the panel, as well as a mother whose son has been treated for depression most of his life, and a father whose son was charged with attempted murder for a bar fight.

Prospective jurors sometimes face highly personal questions as the defense lawyers and prosecutors try ferret out any biases.

Mack, 46, is charged with killing his estranged wife, Charla Mack, on June 12, 2006, and then shooting sniper-style Washoe District Family Court Judge Chuck Weller, who was overseeing their divorce.

Mack has pleaded not guilty and not guilty by reason of insanity.

The trail was moved from Reno to Las Vegas two weeks ago after the court was not able to find an impartial panel in Washoe County.

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071016/NEWS18/71016024&oaso=news.rgj.com/breakingnews

[TobyTiger]

Thanks Toby! Ten flights of stairs would be quite a trek if one was late and couldn't get an elavator! Las Vegas is a much larger city, so I'm sure the courthouse is busier than the one in Reno, with a lot more trials/hearings going on.


You're right, the courthouse in Washoe Co. is small by comparison.

Thanks for posting the latest! The process is moving along.
:patriot:

[magpie1]

The process of jury selection is going very slow! With only 8 potential jurors selected in two days, at this rate it's going to take another 7 days to choose 35 potential jurors.

I don't see the trial actually getting underway until late next week. The prosecution has stated that they may have as many as 200 witnesses testify. With that many, this trial is going to take at least a month once it actually gets underway. I predict we're going to be sitting here through Thanksgiving, waiting for a verdict. :)

[TobyTiger]

The process of jury selection is going very slow! With only 8 potential jurors selected in two days, at this rate it's going to take another 7 days to choose 35 potential jurors.

I don't see the trial actually getting underway until late next week. The prosecution has stated that they may have as many as 200 witnesses testify. With that many, this trial is going to take at least a month once it actually gets underway. I predict we're going to be sitting here through Thanksgiving, waiting for a verdict. :)
I agree.

However, once Opening Statements begin, I expect Judge Herndon to move it along rather quickly.

[magpie1]

From the article that TobyTiger posted yesterday..............

"Mack sat silently in a navy sport coat as his mother, brother and female friend sat behind him during the early morning hearing. Before prospective jurors were brought in, Mack lawyer David Chesnoff again asked the judge to sever the murder and attempted murder charges and hold two trials. Judge Douglas Herndon denied the request."

I'm curious about the "female friend." Is this a female friend of Darren's or of his brother's?

It reminded me that shortly after Darren Mack was identified as the suspect in the death of Charla Mack and the shooting of Judge Weller, someone found Darren Mack's MySpace webpage.

One of his friends on his MySpace page was a woman named Marcy, and she took over Mack's MySpace page. I checked it out tonight and in the past year, Marcy has continued to post any article relevant to the case. She's posted most of the articles that have appeared in the Reno newspaper. The last article she posted was on Oct 4th, with Judge Herndon's decision to move the trial to Las Vegas.

In February of this year Marcy stated she's corresponded with Darren Mack since he's been in the Reno jail, and stated that he would like to receive mail from others too. She posted the address and Mack's inmate ID number so others could write to him too. She's posted a few notes from people who wanted to show support for Mack.

I think Marcy may be more than just an online acquaintance.

[magpie1]

I-Team: Darren Mack Murder Trial Enters Day 3 in Las Vegas

Oct 17, 2007 11:21 AM

On the third day of jury selection, the Darren Mack trial has about a third of its potential jurors.

On Tuesday, the high-profile murder trial of Reno businessman Darren Mack entered day two of jury selection at the Regional Justice Center in Las Vegas. Things moved a bit more quickly but they are still a long way from seating a jury in this case.

While the key players and potential witnesses are largely unknown to the potential jurors, attorneys are interested in each person's notion of justice.

"The jury's job is kinda like you know the scales of justice, and they are supposed to be kind of like this. And if you come in as part of the scales of justice with he kills his wife, he shot the judge, he escaped, what did he think -- he was going to get away with it? Probably guilty. Would you agree with me that the scales are probably tipped against Mr. Mack in that respect?" said Mack's attorney, David Chesnoff.

So far, 10 potential jurors have been selected; 35 are needed in all, and then each side will be allowed to remove 10. So that will leave a jury of 12 jurors with three alternates.

On Monday, jury selection was expected to get underway at 10 a.m. but due to miscommunication with the jurors, the jury selection started at 1:30 p.m.

Mack is the Reno businessman who is accused of murdering his wife and then shooting the judge handling the couple's divorce.

This case was moved from Reno to Las Vegas because an impartial jury could not be seated in Reno. But it appears the process is off to a better start here in Southern Nevada.

Darren Mack was in court Monday listening to the proceedings. The first group of 36 jurors were brought in and told the judge they had very little knowledge of the case. During one round of questioning, no prospective jurors said they would have any trouble basing their decision on the evidence heard inside the courtroom.

A team of Clark County prosecutors is handling this case and outlined to the jury some of what the state is alleging.

"In this case the state of Nevada is alleging that on June 12, 2006 Darren Mack the defendant stabbed his wife, Charla Mack, at his home in Reno. He thereafter went to downtown Reno and shot at the judge, striking the judge who was presiding over their divorce," said prosecutor Christopher Lalli.

Darren Mack surrendered to authorities on June 23 after fleeing to Mexico. He spent 11 days on the lam.

Mack is facing separate felony charges for the alleged murder of his wife and shooting of the judge. Monday, the defense once again asked that those charges be separated and tried separately. For the second time the judge denied the request.

Darren Mack could spend the rest of his life in prison if he is convicted on the most serious charges.

All parties are hoping the jury will be seated by Thursday, with opening statements beginning that day as well. They think the trial will last three to four weeks.

Clark County taxpayers will not be picking up the tab for this case. All travel and extra courthouse expenses will be billed to Washoe County.

http://www.klas-tv.com/Global/story.asp?S=7207343

[magpie1]

Mack lawyer begins jury pool inquiry

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/17/2007
Modified: 10/17/2007

LAS VEGAS – Darren Mack lawyer Scott Freeman started his inquiry of potential jurors this morning by probing into their feelings about the plea of not guilty by reason of insanity.

A list of possible jurors have been released from the case after saying they think the insanity defense is a way to get out of being held responsible for a crime. The two questioned this morning did not share those feelings.

By early morning, one juror, a bartender at a casino, was excused after a few questions – the prosecutors said they would like to see him go. A second man had heard nothing about the case and said he would like to serve on the jury because it would be “interesting.”

Mack, a 46-year-old pawn shop owner, is charged with killing his estranged wife, Charla Mack, on June 12, 2006, and then shooting sniper-style Washoe District Family Court Judge Chuck Weller, who was overseeing their divorce.

Mack has pleaded not guilty and not guilty by reason of insanity.

The trail was moved from Reno to Las Vegas two weeks ago after the court was not able to find an impartial panel in Washoe County.

The jury selection process began on Monday afternoon. So far, 10 people have made the panel as the prosecution and defense seek to seat 35. Once they reach that total, each side will release 10, leaving a jury of 12 with three alternates.

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071017/NEWS18/71017014&oaso=news.rgj.com/breakingnews

[TobyTiger]

From the article that TobyTiger posted yesterday..............

"Mack sat silently in a navy sport coat as his mother, brother and female friend sat behind him during the early morning hearing. Before prospective jurors were brought in, Mack lawyer David Chesnoff again asked the judge to sever the murder and attempted murder charges and hold two trials. Judge Douglas Herndon denied the request."

I'm curious about the "female friend." Is this a female friend of Darren's or of his brother's?



I think Marcy may be more than just an online acquaintance.
That caught my attention also. By the way it is written, it appears the female is a friend of Darren Mack, not his brother. You may be correct as to her identity!

[GollyGeeWhiz]

From the article that TobyTiger posted yesterday..............

"Mack sat silently in a navy sport coat as his mother, brother and female friend sat behind him during the early morning hearing. Before prospective jurors were brought in, Mack lawyer David Chesnoff again asked the judge to sever the murder and attempted murder charges and hold two trials. Judge Douglas Herndon denied the request."

I'm curious about the "female friend." Is this a female friend of Darren's or of his brother's?

It reminded me that shortly after Darren Mack was identified as the suspect in the death of Charla Mack and the shooting of Judge Weller, someone found Darren Mack's MySpace webpage.

One of his friends on his MySpace page was a woman named Marcy, and she took over Mack's MySpace page. I checked it out tonight and in the past year, Marcy has continued to post any article relevant to the case. She's posted most of the articles that have appeared in the Reno newspaper. The last article she posted was on Oct 4th, with Judge Herndon's decision to move the trial to Las Vegas.

In February of this year Marcy stated she's corresponded with Darren Mack since he's been in the Reno jail, and stated that he would like to receive mail from others too. She posted the address and Mack's inmate ID number so others could write to him too. She's posted a few notes from people who wanted to show support for Mack.

I think Marcy may be more than just an online acquaintance.

Hi Magpie,

You're probably onto something.

I suppose it's inevitable that he'd have a fan club. He's considered good looking. He's wealthy. To some, apparently, he's a sympathetic character who was victimized by the Washoe family court system. And there's that 'element of danger' or 'bad boy' thing that seems to be so attractive to some women.

Gotta wonder, though, what women are thinking when they fall for men who are accused or convicted of crimes ... especially against women, for crying out loud. :shrug:

There are a lot of wonderful, available men out there. Why women get mixed up with criminals or alleged criminals is beyond me. Sometimes we're our own worst enemies. :(

GGW

[GollyGeeWhiz]

I sure hope Judge Herndon keeps a fire lit under the lawyers to move the questioning of prospective jurors along.

My sense is that the defense team won't be happy unless they've got a panel of 12 little green people from a distant galaxy to sit in judgment of their client.

They're going to have to settle for real live humans, though ... including some with baggage that will play into their decision-making process. :rolleyes:

[TobyTiger]

I sure hope Judge Herndon keeps a fire lit under the lawyers to move the questioning of prospective jurors along.

My sense is that the defense team won't be happy unless they've got a panel of 12 little green people from a distant galaxy to sit in judgment of their client.

They're going to have to settle for real live humans, though ... including some with baggage that will play into their decision-making process. :rolleyes:

Not only jurors with baggage that will play into their decision-making process, but the defendant isn't exactly the "husband or father of the year" either. One of the potential jurors is a pastor of a Christian church. It will be interesting (assuming he makes the panel) to see how he will weigh the fact that the Macks were into the "swinger lifestyle" in his decision.

[magpie1]

Hi Magpie,

You're probably onto something.

I suppose it's inevitable that he'd have a fan club. He's considered good looking. He's wealthy. To some, apparently, he's a sympathetic character who was victimized by the Washoe family court system. And there's that 'element of danger' or 'bad boy' thing that seems to be so attractive to some women.

Gotta wonder, though, what women are thinking when they fall for men who are accused or convicted of crimes ... especially against women, for crying out loud. :shrug:

There are a lot of wonderful, available men out there. Why women get mixed up with criminals or alleged criminals is beyond me. Sometimes we're our own worst enemies. :(

GGW

GollyGeeWhiz,

I don't know what possesses these women who get involved with criminals, especially criminals who've committed such a horrific crime. :shrug:

I remember when the Darren Mack case was unfolding, and someone found his MySpace page, Marcy was defensive of Darren Mack early on, but I was surprised to see that she's continued to be involved, more than a year later. When this was all unfolding, Marcy was a blond, but she's now dyed her hair brunette. I found that strange too, as she sorta looks like Charla. She's got pictures of herself on her MySpace page, as a blond and a brunette.

[magpie1]

Not only jurors with baggage that will play into their decision-making process, but the defendant isn't exactly the "husband or father of the year" either. One of the potential jurors is a pastor of a Christian church. It will be interesting (assuming he makes the panel) to see how he will weigh the fact that the Macks were into the "swinger lifestyle" in his decision.


With divorce so prevalent in today's society, it's going to be difficult to find jurors who haven't either been divorced or have had a relative divorced, or haven't heard anything about the case or those involved, or don't hold some beliefs in regards to using the insanity plea, etc. etc. The perfect juror doesn't exist, because that person would have had to be living in a vacuum. Everyone comes with beliefs and opinions.

[magpie1]

First juror seated in Mack trial

MARTHA BELLISLE
RENO GAZETTE-JOURNAL
Posted: 10/18/2007
Modified: 10/18/2007

LAS VEGAS – After more than 30 minutes of questioning this morning, the first potential juror in the Darren Mack murder trial was accepted to the larger panel, as the court seeks to seat a group of 35.

The second woman, who has morning sickness and three children, ages 6, 4 and 2 ½ and said childcare this week was a “circus,” was excused.

This morning’s addition brought their total so far to 16. Judge Douglas Herndon told the panelists that the trial would likely start early next week.

The jury selection process continued to inch along today as each prospective juror was escorted into Courtroom 10D in the Regional Justice Center in Las Vegas and asked a list of personal questions.

The inquiry is designed to discover whether the individuals have biases in a list of areas, including divorce, a swinger’s lifestyle, law enforcement, the insanity defense, self-defense or sentencing someone for a murder charge.

Mack, a 46-year-old co-owner of a Reno pawn shop, is charged with killing his estranged wife, Charla Mack, on June 12, 2006, and then shooting sniper-style Washoe District Family Court Judge Chuck Weller, who was overseeing their divorce.

Mack has pleaded not guilty and not guilty by reason of insanity.

The trail was moved from Reno to Las Vegas two weeks ago after the court was not able to find an impartial panel in Washoe County.

http://news.rgj.com/apps/pbcs.dll/article?AID=/20071018/NEWS18/71018011&oaso=news.rgj.com/breakingnews

[magpie1]

The stories the potential jurors share about their lives are sometimes heart breaking and often disturbing.
One woman talked this morning about how her 13 year old daughter was grabbed by a man as she walked home from the school bus. The man took her to the desert and raped her, then brought her home and robbed the family. The man was never found, and the daughter, now 21, has moved on and married.
Another woman shared her story about her son, who is now in prison. He was addicted to drugs, went though drug court and succeeded in staying clean. But on the last day of a program, the van crashed and he ended up on pain medications. He ended up violating parole and was sent back to prison. She's frustrated with the process and the mistakes he made, she said, but he's her son, and she loves him despite his fumbling.
The selection process is designed to weed out biases, but in the process, it unveils troubling histories and painful memories. The lawyers and prosecutors asking the questions have been kind and sensitive, but it's difficult regardless.

http://www.rgj.com/blogs/judge-shooting/

[magpie1]

Judge Douglas Herndon's previous work as a Clark County deputy district attorney came into play this morning when choosing one of the prospective jurors for the Darren Mack murder trial.
When questioned, she told of being called to testify years ago in the case of a man accused of killing his infant son. She had seen the man one day with the baby and he was keeping him covered with a blanket and giving him attention. She said she was asked to testify that the man seemed to be taking good care of the child. She said she later saw the autopsy photos and found the case disturbing. She did not volunteer to testify for the man, she said. She was subpoenaed. The man, John Moxley, was convicted and sentenced to life in prison.
The woman was accepted to the Mack jury panel, but as she left the room, Herndon asked if she remembered the man's name. She paused. "Was it John Moxley?" he asked. "Yes," she said, and left. Herndon then called the defense and prosecutors to the bench, and then announced that he would excuse the woman. Herndon was the prosecutor on the Moxley case, he disclosed. Although the woman didn't recognize Herndon now, she might at some point during the trial and it could influence her perspective of this case.
Moxley's 1998 conviction was overturned by the Nevada Supreme Court because of a faulty jury instruction. But he was convicted of murder again last year in his second trial. Herndon did not handle the second case.

http://www.rgj.com/blogs/judge-shooting/

[magpie1]

There's a good video clip of the courtroom on day 3 here. Click on the video camera on the left hand side of the article:

http://www.kvbc.com/Global/story.asp?S=7225974&nav=menu107_2

[TobyTiger]

MACK TRIAL STARTS NEXT WEEK (http://news.rgj.com/apps/pbcs.dll/article?AID=/20071017/NEWS18/71017043&oaso=news.rgj.com)

RENO GAZETTE-JOURNAL
Posted: 10/17/2007
Modified: 10/17/2007

Five more jurors were added today to the Las Vegas jury panel in the Darren Mack case, bringing the total prospective jury pool to 15.

For prosecutors, concerns hover about whether the prospective jurors have unrealistic forensic expectations based on their interest in crime shows like CSI or Law and Order, and whether a person has a bad attitude toward the criminal justice system.

When the trial was in Reno, juror questioning was about whether jurors had formed an opinion as to guilt or innocence. Here, Mack’s lawyers asked jurors about possible defense strategies.

Both factors came into play on Wednesday as the two sides questioned 18 people. They need 20 more jurors to be picked. Once they reach 35, both sides will excuse 10, leaving a 12-person jury with three alternates.

Judge Douglas Herndon told the people picked that the trial won’t be starting this week, and they should expect to return on Monday.

more of the story at the link

[TobyTiger]

MORE JURORS ADDED... (http://www.kvbc.com/Global/story.asp?S=7234495&nav=15MV)

At least 2 more jurors will join 15 others in the Darren Mack trial after day four of jury selection. The case moved to Clark County after failed attempts to seat a jury in Reno. News 3's Hetty Chang reporting.

After four full days of questioning potential jurors, the case is still just inching toward that final pool of 35. By lunch break Thursday, seven were questioned and all but two have been excused.

Both the prosecution and defense took turns firing off questions Thursday to those who could eventually decide the fate of Reno business man Darren Mack

In a legal maneuver, Mack has pleaded not guilty and not guilty by reason of insanity. Before the first break Thursday morning, the first out of five people questioned was the one make it to the final pool, which by Wednesday evening stood at 15.

One person told attorneys that she felt "turned off by the Scott Peterson case, which was a comment that concerned the defense.

Almost all those questioned said they watched law related shows, but they could separate court room drama seen on TV from reality.

Judge Herndon is the judge presiding over the case. Prior commitments Friday will make for a short afternoon, but things will pick right back up Monday morning.

One woman who was questioned Thursday was selected, but later excused because she testified in the case of John Moxley who killed his baby by shaking him to death back in 1997. Judge Herndon was the prosecutor in the Moxley case.

[magpie1]

Friday, October 19, 2007

Having already plowed through panels A and B, which included about half of the 200 potential jurors who filled out questionnaires for the Darren Mack trial, the court brought in Panel C this morning and will begin individual questioning after they receive an initial introduction to the case.
The judge immediately excused 16 from Panel C based information they put in their forms, leaving 34 in the group.
With 21 picked so far and 14 still needed, they may well go through all four panels by the end of the process.

posted by Martha Bellisle at 9:27 AM

http://www.rgj.com/blogs/judge-shooting/

[TobyTiger]

Thanks again, magpie! They're slowly getting there...
:patriot:

[LuvK-9's]

I have never posted before, just what the posters call a lurker, but I am on dial uo and always behind. I decided to post because of the Mack trial starting and I will be getting the modem to get the live feeds. When I do get it later this week, I know I will be needing help with the baxics. I am not "up" on how to do computer stuff. But I am really looking forward to the trial. But I am wondering why there are no posts today-Monday, or am I in the wrong place. Please be kind to my challenges.

[TobyTiger]

I have never posted before, just what the posters call a lurker, but I am on dial uo and always behind. I decided to post because of the Mack trial starting and I will be getting the modem to get the live feeds. When I do get it later this week, I know I will be needing help with the baxics. I am not "up" on how to do computer stuff. But I am really looking forward to the trial. But I am wondering why there are no posts today-Monday, or am I in the wrong place. Please be kind to my challenges.

Welcome!

Jury selection is still underway, and since I am at work during the day, I rely on the online news updates.

Perhaps when the actual trial starts later this week there will be more here during "live" hours to update the forum.

[TobyTiger]

UPDATE FROM MARTHA'S BLOG...

They've gone through the first 150 potential jurors in the Darren Mack case and will begin on Tuesday with the final group of 50 -- Panel D.

They were able to find 30 out of 150, so it is hoped they can pull the last five from 50.

Judge Douglas Herndon told those picked on Monday that they wouldn't need to return until Wednesday for the start of the trial.


http://www.rgj.com/blogs/judge-shooting/

more at the link

[TobyTiger]

JURY SELECTION CONTINUES... (http://news.rgj.com/apps/pbcs.dll/article?AID=/20071022/NEWS01/710220331/1002)

LAS VEGAS -- After a week inching through a meticulous selection process that secured

24 potential jurors, defense lawyers and prosecutors in the Darren Mack murder trial will resume questioning today in search of 11 more.

Once 35 are assembled, each side will dismiss 10 without giving a reason, leaving a 12-person jury and three alternates.

Judge Douglas Herndon said he hoped to have a full panel by Tuesday. Then, lawyers would present their opening statements.

Accepted jurors

The 13 women and 11 men accepted so far are a diverse cross-section of Clark County residents, ranging in age from early 20s to low 80s and from heavy-set with glasses to bald with a goatee. One has reddish-orange hair while another has a purple streak along her bangs.

They work in pizza parlors, banks, casinos, sales offices, schools and churches. They also fly airplanes, practice martial arts and preach to the masses. Some served in the military, watch NASCAR races and speak in sign language.

One flew on a trapeze at Circus Circus for 23 years.

Almost all have been divorced at least once, and some have family members in prison.

In the questionnaires they completed as part of the selection process, many said the person they least admired was O.J. Simpson, while one woman said she disliked "pimps, strippers and journalists."

The most watched television show of those both selected and excused: CSI -- they like the science, they said -- followed closely by Law & Order.

To make the panel, they had to agree to follow the law, be willing to consider an insanity defense and be open to a variety of prison terms for someone convicted of first-degree murder.

They also had to promise to set aside any opinions they had formed about the case, and decide a verdict on what was presented at trial.

more at the link

[LuvK-9's]

Thank you for your replies, and once I get off of dial up, I will be able to post more. As it is right now - every page I load takes forever, and finding anything has me pulling my hair out. I am already getting confused because of this board and the CTV board. But I know ya'all will help me once my DSL modem gets here.
Thank you all.

[TobyTiger]

DARREN MACK JURY SEATED (http://www.kvbc.com/Global/story.asp?S=7254121&nav=menu107_2)

The trial for Reno businessman Darren Mack begins Wednesday. This after jury questioning consumed the better part of seven days. As News 3's Hetty Chang reports, 20 potential jurors will be excused Wednesday morning immediately followed by opening statements.

A pool of 35 jurors will be cut down to 15, leaving three alternates and a jury of 12. They will be asked to find a verdict and possibly a sentence for Mack.

Darren Mack entered the courtroom Tuesday and proceeded with his usual routine. He picked out a tie and a belt and then sat down quietly waiting to meet the next group of jurors who could decide his fate.

After a week of questioning, 21 women and 14 men have been selected. 12 will hear weeks of arguments to help them come up with a verdict. "A brief thumbnail sketch of this case: (it) is our contention that on June 12th 2006 Darren Mack, the defendant, murdered his estranged wife Charla Mack by stabbing her," special prosecutor Christopher Lalli said.

The prosecution continued by alleging that Mack then shot Washoe County court judge Chuck Weller, the judge handling their divorce.

"There are two sides to every story, " defense attorney Scott Freeman countered. "We're going to ask you to keep an open mind."

More than 80 witnesses have been called to testify but only two will be allowed in the courtroom for the trial. That will be Darren's mother and brother, Joan and Landon Mack.

Many jurors expressed concerns about committing time to this trial. So the judge is proposing an 8:30 to 2:30 schedule once the trial begins. This is not a death penalty case. If convicted, Darren Mack could face a maximum sentence of life without the possibility of parole.

[GollyGeeWhiz]

We have a jury. Looks like they'll cut the 35 down to 15 (12 & 3 alternates), and opening arguments will begin in the morning.

In case you missed it on Martha's blog, one of the Las Vegas TV stations will be streaming the video of the trial live. You can see it at www.LasVegasNow.com.

Here's hoping I get something done besides watching this trial for the next few weeks. :eek:

[TobyTiger]

We have a jury. Looks like they'll cut the 35 down to 15 (12 & 3 alternates), and opening arguments will begin in the morning.

In case you missed it on Martha's blog, one of the Las Vegas TV stations will be streaming the video of the trial live. You can see it at www.LasVegasNow.com.

Here's hoping I get something done besides watching this trial for the next few weeks. :eek:
Thanks for re-posting that link...it may be very useful. I'll need to find one that can be watched in the evening.

[GollyGeeWhiz]

Dang it! I only remembered about the trial a short time ago, so I only caught the last few minutes of Chesnoff's opening statement. Apparently I missed all of the defense's position regarding Charla's murder, as well as the prosecution's opening statement. Dang it.

When I clicked in, Chesnoff was discussing only 'Count 2' - which I gathered is about the attempt on Weller's life. It appears that the defense's position is that DM was suffering from a bona fide delusional disorder (apparently described in the DSM-IV, because Chesnoff was holding that book at one point) when he shot at Weller.

They're also claiming that the shooting at the courthouse was simply to send a message - that DM did not intend to kill Weller because he wanted his actions to be about the 'message' (that the family court system is destroying men/families/children, I'm guessing) and not about the murder of a judge. (Off the top of my head, I'm wondering how someone who's delusional can make that sort of distinction as he's aiming his rifle, but it's possible Chesnoff covered off on that before I clicked in.)

Chesnoff went on to say that DM was nicknamed 'The Doctor' (I think that was the term) due to his 'surgically precise' ability to hit whatever he shot at - point being, I guess, that he could've killed the judge had he intended to. Chesnoff also stated that DM waited til the judge's assistant was clear of the area before he fired his rifle.

My observation of Chesnoff is that he's rather laid back and matter-of-fact vs. given to a lot of gesturing, yelling and other drama. I would think that would go a long way toward establishing his credibility, but that's just my own opinion.

The action will resume at 2:00pm, when they call the first witness.

[GollyGeeWhiz]

Hmm. Not sure what happened, but they went to what I thought was just a break, and now it seems the trial is over for the day. :shrug:

This afternoon there was testimony by the medical examiner who performed Charla's autopsy, the rental car agency, DM's cousin who lived a few doors down from him at the condo complex and also worked at Palace, and the security guard at the gate at DM's condo complex on the day of the murder.

The ME's testimony established all the various wounds (knife and blunt force trauma), manner & cause of death. I don't think there was anything very surprising about her testimony. There were a minimum of 6 stab wounds, and it was the wound to the neck that was fatal. There were defensive injuries among the knife wounds. The ME testified as to how a person would die in this instance - how long it would take, aspirated vs. expectorated blood, etc.

The cousin testified that DM seemed absolutely normal on the morning of the murder - about a half-hour to an hour before the murder. (Cousin left for work while DM and Dan Osborne were standing outside DM's condo, and he stopped to talk to them.) He also testified to having seen Charla physically and verbally abuse DM on a cruise they all took (cousin's previous job was as a cruise director for Carnival). He was testifying for the prosecution, but he struck me as rather reluctant to testify against DM ... he also seemed just the opposite when he told of the incident on the cruise ship.

The security guard's testimony was a little hard to follow. He didn't have much memory of the event and had to refer to the police report taken at the time of the murder. Chesnoff bore down on him pretty hard. Apparently he told the police that he thought there might've been a man in Charla's SUV when she entered the complex. That's not something I'd heard or read about at all. He also wasn't absolutely sure the little girl was in the vehicle. I'm thinking maybe we haven't heard the end of the possibility of a man being in the car with Charla ... unless Chesnoff was only trying to discredit the gate guy.

After the trial was over for the day, the Las Vegas reporter ... Mark Sayre ... made the point that apparently it is DM and not his attorneys who wants to claim self-defense regarding Charla's murder. According to Sayre, the attorneys wanted to claim the delusional-insanity defense for both counts, but DM is adamant - and apparently told Judge Herndon in open court - that he wants to plead self-defense regarding Charla. Interesting.

Okay, that's it for my mental notes for the day. I can already tell I'm going to have a hard time staying away from staring at my laptop monitor while this trial is underway. :rolleyes:

[TobyTiger]

Thank you GGW for the great update of today's proceedings!

It isn't quite as complete as your notes, however I will post the latest article from the RGJ anyway...

MACK: MY WIFE POINTED A GUN AT ME, I KILLED HER (http://news.rgj.com/apps/pbcs.dll/artikkel?NoCache=1&Dato=20071024&Kategori=NEWS18&Lopenr=71024024&Ref=AR)

[GollyGeeWhiz]

Thanks for the link, Toby. It was all the stuff I missed! I've been checking Martha's blog, but didn't think to check the online RGJ.

So he's saying that Charla pointed a gun at him? I'll be interested to see how that jives with the evidence (I can't remember all of it). Also, 6 or 7 knife wounds, 1 or 2 of which were in one of her lower legs doesn't sound so much like self-defense to me. If she's holding a gun, what's he doing going after her lower legs? To say nothing of the fact that her defensive wounds were on her lower 'inside' arms and wrists (indicating that her arms were up in a protective position in front of her face) ... so where was the supposed gun pointing during that? If she supposedly had dropped it by then (my conjecture), or it was pointing to the ceiling or whatever ... why was he still wielding the knife? And then there are the blunt force wounds around her neck and face.

I'm no expert, but I'm trying to imagine a scenario in which she has a gun and he has a knife, she's little and he's big, and she ends up dead of multiple stab wounds because he had to defend himself. One stab wound, maybe. But several? While she's trying to shield her face? I can't get there. I'm also curious about his To Do list and how it will jive with his self-defense and delusional disorder defense.

And one more thing while I'm thinking out loud here. If DM didn't intend to kill Weller, why did he hit him at all, much less in the chest? I don't care how good a marksman he is, if he didn't really intend to kill him, he sure rolled the dice shooting him in the chest, especially from such a distance.

I have no problem giving DM the benefit of the doubt, actually, relative to what he claims happened vs. what seems to have happened, and even to his state of mind at the time. But his story has to hold water. :confused:

[TobyTiger]

I have just now finished watching and listening to the Opening Statements by the prosecution.

Excellent, in my opinion.
:patriot:

Now, for the defense. From what you have posted, this should be interesting to say the least.

[GollyGeeWhiz]

Toby - where are you watching it? Is it something I can access? I'd sure like to have another avenue so that I don't sit glued to this dang laptop all day for the next 3 weeks!

GGW

[TobyTiger]

Thanks for the link, Toby. It was all the stuff I missed! I've been checking Martha's blog, but didn't think to check the online RGJ.

So he's saying that Charla pointed a gun at him? I'll be interested to see how that jives with the evidence (I can't remember all of it). Also, 6 or 7 knife wounds, 1 or 2 of which were in one of her lower legs doesn't sound so much like self-defense to me. If she's holding a gun, what's he doing going after her lower legs? To say nothing of the fact that her defensive wounds were on her lower 'inside' arms and wrists (indicating that her arms were up in a protective position in front of her face) ... so where was the supposed gun pointing during that? If she supposedly had dropped it by then (my conjecture), or it was pointing to the ceiling or whatever ... why was he still wielding the knife? And then there are the blunt force wounds around her neck and face.

I'm no expert, but I'm trying to imagine a scenario in which she has a gun and he has a knife, she's little and he's big, and she ends up dead of multiple stab wounds because he had to defend himself. One stab wound, maybe. But several? While she's trying to shield her face? I can't get there. I'm also curious about his To Do list and how it will jive with his self-defense and delusional disorder defense.

And one more thing while I'm thinking out loud here. If DM didn't intend to kill Weller, why did he hit him at all, much less in the chest? I don't care how good a marksman he is, if he didn't really intend to kill him, he sure rolled the dice shooting him in the chest, especially from such a distance.

I have no problem giving DM the benefit of the doubt, actually, relative to what he claims happened vs. what seems to have happened, and even to his state of mind at the time. But his story has to hold water. :confused:
There is no self-defense or imminent fear of death if the alleged attacker (Charla) no longer has a weapon. Charla was also barefoot; her sandals were in her Lexus. Her dog was in the back of her SUV. Does this sound as if she instigated the confrontation?

Judge Weller was shot within an inch of his heart. Mack drove the Explorer into the parking garage across from the courthouse at least 15 minutes prior to shooting the Judge. No accident, in my opinion, that the Judge was hit. Instead it appears he was waiting for Judge Weller to return to his chambers.

The "To Do" list speaks volumes for premeditation and I am not buying the hunting trip that he was supposedly going to take his son on. I have yet to hear why he needed to rent the Explorer for this "hunting trip" and couldn't take the gold Jeep Cherokee which he owned, or his burnt-orange Hummer. Common sense indicates that it would be much easier to flee the crime scene in a silver Explorer, with California plates (while driving through California) than his own vehicles which would be much more noticeable to the Highway Patrol. Premeditation? Definitely, in my opinion.

[magpie1]

I watched the opening statements of the prosecution and defense. I felt that the prosecution did a good job in presenting a straight forward overview of the case. I was shocked at the defense opening statement! I don't know how a jury would be able to consider such a scenario involving a gun and DM acting in self-defense when there's so evidence of premeditated murder.

I also watched the testimony of forensic pathologist, Dr. Katherine Raven. She was excellent in her description of the 6 or 7 knife wounds, blunt force trauma, and defensive wounds Charla had. She described one stab wound on the back of one of Charla's legs, and the fact that there was another stab wound on the front of that same leg that indicated that it was one wound....the knife going all the way through her leg. But, since it cannot be certain if it's one wound or two, is why it is stated that Charla had 6 or 7 wounds. It depends on if you count that as one or two wounds.

I had to leave to run a few errands as we had company coming for dinner, so I missed the testimony of the next three witnesses - Cory Schmidt, who is DM's cousin and lives in a condo across the street from DM; Sam Azizeh, the manager of Budget Rent a Car at the Reno Airport; and Brian Doevrick, the gate attendant at the condo complex.

I noticed Darren Mack's mother, Joan Mack, and his brother, Landon Mack, sitting in the first row behind the defense table. Charla's mother was seated in the last row and one seat in from the door. There was a woman that looked a lot like Marcy, but I couldn't be sure.

[GollyGeeWhiz]

I noticed Darren Mack's mother, Joan Mack, and his brother, Landon Mack, sitting in the first row behind the defense table. Charla's mother was seated in the last row and one seat in from the door. There was a woman that looked a lot like Marcy, but I couldn't be sure.

<snipped, obviously>

I haven't gotten a real good look at the gallery. I've seen plenty of DM's brother and mother, but beyond that I can't tell who's who, so thanks for pointing out Charla's mom and the person we're assuming is the ever-present Marcy.

I've been trying to read Joan's body language. She appears to almost be dozing off. :shrug: Did you pick up on that? Also, what the heck is with DM's constant blinking?

Okay, so I figured out why this board is so quiet ... I discovered the CourtTV board last evening, which is apparently where all the action is! :o

I don't have much to add about today's proceedings. Seems like most of what was covered is stuff those of us who've been following the case already knew. I thought Dan Osborne's testimony was compelling, but the rest of it seemed pretty dry.

I think I fried my own circuits trying to watch the streaming video on LasVegasNow, plus the stuff CourtTV was running, plus trying to keep up with the posts on the message boards, plus my dang real life intruding. :eek: Hopefully I'll figure out a better way to do all this multi-tasking by Monday when the trial starts up again.

If you don't see me here, I'll probably be lurking on the other board. :beer:

[magpie1]

Hi GollyGeeWhiz :seeya:

I thought Dan Osborne's testimony was very compelling! The defense tried to re-word things Dan stated, and he corrected them. I also thought the police detectives were interesting, particularly David Jenkins and John Ferguson.

One thing in particular that I think is going to become even more important later in the trial is the testimony of Detective Ferguson. He testified about the material on DM's computer, and went into lengthy detail of two Mapquest maps found on the computer that were for directions to Judge Weller's home and Sean Meador's home - Charla's attorney. The two maps were dated February 18, 2006, just a few months prior to the events of June 12, 2006. These two maps indicate that DM was trying to find, and had found, the home of his wife's divorce attorney and the home of the family court attorney he despised. And the fact that the maps were dated nearly 4 months prior to the murder of Charla and attempted murder of Judge Weller, is an indication of DM's plans of bringing harm to the judge, and he may have initially thought of harming Charla's attorney too. It shows a preoccupation with finding information on the judge and others connected to his divorce, and show premeditation.

I think Joan Mack slept through most of today's hearing! :) Yesterday morning, during the opening statements, she was quite emotional. I noted that the courtroom was mostly empty today. Charla's mother,
Soorya Townsley, wasn't there. But I did note two woman who had laptop computers who were taking copious notes. One, a blond, was annoying as she appeared in the camera shots of the defense table and she was always chomping on gum.

Today they had eight witnesses. If the prosecution is planning on calling as many as 200 witnesses as has been reported, this case is going to be a long one! I've checked out the CTV board and have even posted a few times, but there's too many people and it moves forward too fast to keep up with. :)

[GollyGeeWhiz]

Hi Magpie,

Okay, so I wasn't crazy! Joan DID do some snoozing! I'm not sure I can judge her too harshly, since some of that testimony was pretty dull and repetitive, and especially since I have to believe this whole ordeal has taken an enormous toll on her.

I also noticed that she seemed emotional yesterday during the testimony from the cousin who witnessed Charla being verbally and physically abusive to DM. I didn't see her reaction during the ME's testimony and all the autopsy photos, but I couldn't help wondering ... since she seemed so upset to hear about Charla's treatment of DM ... if she was just as or perhaps even more upset by the photos of her murdered daughter-in-law, mother of her grandchild. I'd be interested to know if she emoted during that testimony, because if she didn't, that gives me some additional unflattering information about her.

I also thought the testimony about the Mapquest maps to Weller's and Charla's attorneys homes was revealing. And DM wasn't just idly wondering where they lived, either, because the prosecution made it clear that those were "From-To" maps, meaning that DM was very likely pulling directions from his house (or Palace, or wherever) to those two homes. I didn't realize how many months had passed between when he pulled those maps and the two incidents. It certainly doesn't help his defense. There is sooo much evidence of premeditation.

This is really going to get interesting for me once they start calling witnesses who knew Charla and DM personally - who knew about their lifestyle as a couple - who dated them after they separated - who worked with them - who they confided in - and so forth. (And hopefully there'll be some who don't have any loyalty to DM.:rolleyes:) I'm confused as to who those two people really were/are, and I'm hoping I'll be able to get a better idea once their friends, family and other intimates start testifying.

I agree that the other board is jumpin! :D It's so busy, in fact, that it's hard to plow through all the sort of off-topic posts to find the ones that have something to do with the case! That's why I said I'll probably just pop in and out and lurk. I don't have the time to devote to wading through all those posts. :eek:

[magpie1]

GollyGeeWhiz,
I didn't note Joan Mack reacting to any of the testimony from the ME or the autopsy photos. My impression, gleaned from reading a number of articles online about the Mack case is that Charla and Joan Mack didn't have a good relationship.

[GollyGeeWhiz]

Hi Magpie :seeya:

Can you point me in the direction of some of those articles? I don't think I've read anything about their relationship.

Thanks!

GGW

[TobyTiger]

Toby - where are you watching it? Is it something I can access? I'd sure like to have another avenue so that I don't sit glued to this dang laptop all day for the next 3 weeks!

GGW

Sorry I couldn't respond to you last night....logged in here twice and each time when trying to access the forum inexplicably over 30 new windows automatically opened on my computer.
:cuss:

I have been watching the extended trial coverage at CTV (online). Not every witnesses testimony is there for viewing after-the-fact, however.

Will be back later on...hopefully!

[filip]

I am watching this trial, it is very interesting,

Darren Mack has two defences, he is saying he killed Charla in self defence, and was insane when he attempted to kill the judge,

[TobyTiger]

MACK WROTE 'END PROBLEM' LIST OF THINGS TO DO THE DAY HIS WIFE WAS KILLED, EXPERT TESTIFIES (http://www.courttv.com/trials/mack/102907_ctv.html)

LAS VEGAS — A police handwriting expert testified Monday that Darren Mack is the author of the so-called "to-do" list found on his kitchen table after he killed his estranged wife and shot the judge presiding over their divorce.

The list scrawled on a legal pad includes among its bullet points "end problem," which prosecutors contend was the wealthy Reno man's code for stabbing his wife, Charla, to death in his garage June 12, 2006.

Jimmy Smith, a document examiner for the Las Vegas Metropolitan Police Department, said he had compared the list to 18 pages of Mack's writing and found their styles of block capital letters identical.

"That document was written by Darren Mack," Smith testified.

Lawyers for Mack, 46, told jurors in opening statements that Mack wrote the list after he had killed his 39-year-old wife in self-defense in an effort to make sense of what had happened.


The list also includes "parking garage — if yes," which prosecutors say was a reference to his plan to shoot into Washoe County Family Court Judge Chuck Weller's chambers from a sniper perch in a nearby parking garage.

The list also includes taking the Macks' 7-year-old daughter to her grandmother's house and closing the door of his garage. A friend testified last week that Mack asked him the night before the incidents to drive the girl to her grandmother's house the next morning. The man also said the garage door was open when Charla Mack and the defendant began talking and closed moments later, when he began to suspect she had come to some harm.

Smith was the last in a string of seven witnesses to offer forensic testimony Monday. Much of the scientific work they outlined was designed to prove what the defense now concedes — that Mack killed his wife and shot Weller.

more at the link

[GollyGeeWhiz]

Hi Magpie & Toby :seeya:

That other message board is overwhelming, so I thought I'd post this here for ya'll. Hopefully you're still checking in!

Today when Herndon addressed Chesnoff's pitch for a mistrial :rolleyes: wrt Weller's 'outburst' about his reputation being called into question ... I think what I heard Herndon say was that, in effect, Weller proved by the content of that outburst the defense's (not very clearly made) point that Weller is sufficiently wrap