Murders of Wife, Divorce Judge Trigger
 $590 Million Wrongful Death Verdict

New York Lawyer
March 20, 2008

RENO, Nev. (AP) — A jury awarded a $590 million wrongful death judgment Tuesday to the young daughter of a woman killed by her estranged husband and to the slain woman's estate.

Darren Mack, once a wealthy pawn shop owner, is serving a life sentence for the June 2006 killing of his wife and shooting of the couple's divorce judge.

Under the award in the wrongful death lawsuit, $530 million will go to the couple's young daughter, Erika, and the rest will go to the estate of his slain wife, Charla, said Hans Jessup, administrator for the Washoe County court.

In a deal with prosecutors, Mack had pleaded guilty to first-degree murder in the June 2006 stabbing of Charla Mack. He also entered an Alford plea — in which a defendant acknowledges there is enough evidence for a conviction without admitting guilt — to a charge of attempted murder in the shooting of Washoe Family Court Judge Chuck Weller.

Mack said in court that he shot the judge through a courthouse window same day he slashed his wife's throat in the garage of his southeast Reno town house.

Mack, 46, has since sought to withdraw his pleas and stand trial, maintaining that he had acted in self-defense and that his former lawyers coerced him into the plea deal.

A judge has previously denied his motions to withdraw the pleas, but another hearing on the arguments is scheduled for next month.

To Follow the Darren Mack case click below:
 

Judge Says Mack must Go to Trial for All Charges

Martha Bellisle
Reno Gazette-journal
November 17, 2006

Looking at each piece of evidence individually would not be enough to charge Darren Mack with shooting the judge who was deciding his divorce, Clark County District Judge Douglas Herndon said Thursday as he considered a motion to throw out the attempted murder charge.

Many people in family court come away angry but don't "go out and kill the judge," Herndon said, referring to testimony that Mack was unhappy with Judge Chuck Weller's decisions and that Weller had said that Mack gave him "the look of death" after one hearing.

And the surveillance video of a vehicle in the parking garage that looks like the one Mack had rented does not show the driver's face or the vehicle license plate, Herndon said.

But the evidence can't be viewed "in a vacuum," he said, and "combined together," it is enough to meet the standards for holding Mack for trial on charges of attempted murder and battery with a deadly weapon. Those charges will stand, he said.

Herndon also ruled that Justice of the Peace Edward Dannan made a reasonable decision when he denied Mack's lawyers' request for a competency evaluation before the preliminary hearing. And he ruled in favor of the Reno Gazette-Journal's request to unseal a list of 30 exhibits used during that hearing.

Mack, 45, has been charged with fatally stabbing his estranged wife, Charla, on June 12, and then driving to the First Street downtown parking garage and shooting Weller, sniper-style, as he stood in his chambers on the third floor of the courthouse a block away across Truckee River.

He has pleaded not guilty. His trial is set for Oct. 1.

Mack wore a white dress-shirt, black pants and a tie in court Thursday. His lawyers had asked the court to allow Mack to wear street clothes to his hearings instead of the red prison jumpsuit he has worn since his first court appearance.

Mack's Reno lawyer, Scott Freeman, argued his client has not been treated fairly since he first entered the court system after he surrendered in Mexico and returned to Reno on June 23. He argued that the denial of the competency evaluation was one example of how they continually "get Macked" by the court.

"The Mack case has taken on a life of its own," Freeman said. "It is the 'Mack mode.'"

He said in every other case in Washoe County, when a defendant's lawyer asks for a competency evaluation, it is granted. But not with Dannan in this case, he said.

"He had a mission in the Mack case to get it off his plate," Freeman said.

But Special Prosecutor Christopher Lalli said Mack's lawyers failed to give solid reasons backed by professional statements about Mack's mental state. Just saying someone is not competent is not reason enough to require an evaluation, he said.

"What is conspicuously absent is evidence of hallucinations, mental disorders, suicide attempts, time spent in mental health facilities," Lalli said.

Instead, he said, a social worker testified that she had interacted with Mack many times and he seemed to understand what was happening. Lalli suggested that Mack's lawyers wanted to delay the hearing as a defense tactic.

"Clearly what Judge Dannan did was 110 percent correct," he said.

On the issue of whether there was enough evidence to charge Mack in the shooting, Lalli said the combination of the two crimes point to Mack.

"You have Charla Mack brutally murdered, and you have Judge Weller attempted to be murdered," he said. "What is the common thread there? The common thread is Darren Mack."

Herndon said he may not agree with Dannan's decision to deny the evaluation, but his job was to determine whether the judge's decision was reasonable, based on Mack's behavior. He said without something to suggest mental health problems, such as hearing voices or suffering delusions, the claim of incompetency wouldn't hold and he supported Dannan's ruling.

On the issue of the exhibits used in the preliminary hearing, Herndon said when he sealed the 30 photographs, he meant to ensure that they be placed in an evidence vault, not be withheld from the public.

"I recognize the right of the media to view evidence," he said.

But Mack's Las Vegas lawyer, David Chesnoff, said releasing the exhibits, including autopsy photos, would taint the jury pool in Washoe County and hurt Mack's right to a fair trial.

Scott Glogovac, lawyer for the Reno Gazette-Journal, argued the court has tools to weed out potential jurors who were affected by the media coverage of the case. Plus, the trial could always be moved to another county if needed.

Herndon agreed that much of the evidence had already been talked about during the preliminary hearing, so sealing it would not help.

"The cat's out of the bag," he said.

But he said he was concerned about Mack having a fair trial and said he respected this community's right "to try its own case." He said the 30 exhibits could be viewed, and most could be copied, but he prohibited copying the autopsy photos, Mack's list of things "to do" list and Weller's medical records.

Darren Mack Case
Turned Over to Clark County Prosecutors

Associated Press
KLASTV - Eye Witness News
July 5, 2006

Nevada - A high-profile murder case in Northern Nevada will be handled by the Clark County district attorney's office.

Darren Mack's case will be prosecuted in Las Vegas because of a conflict of interest in Washoe County.

Darren Mack                          Mack, 45, is charged with murder, attempted murder and battery in the June 12 stabbing death of his estranged wife Charla Mack and shooting Washoe County Family Court Judge Chuck Weller.

Washoe County District Attorney Dick Gammick cited his status as a potential witness and a 20-year friendship with Mack as reasons for his decision.

Gammick said a team of prosecutors being assembled by Clark County District Attorney David Rogers will make all decisions in the case, including whether Mack will face a possible death penalty.

Defense lawyers David Chesnoff and Scott Freeman filed a motion last week seeking to bar all Washoe County prosecutors and judges from any involvement in the case because of alleged conflicts of interest.

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

Mack Puts Together Diverse Legal Team

Martha Bellisle
Reno Gazette-Journal
July 2, 2006

Martha Stewart, Britney Spears and Darren Mack, besides being wealthy, now have one more thing in common: They share the same lawyer.

Joining well-respected Reno lawyer Scott Freeman in defending Mack in his murder-judge shooting case is Las Vegas lawyer David Chesnoff, who has built a national reputation as a defender of celebrities and underworld characters.

A law partner with Las Vegas Mayor Oscar Goodman, who has represented Mob figures, Chesnoff handled Spears' annulment and is working on Stewart's appeal of her convictions on obstruction of justice charges.

His clients also include singer Celine Dion's husband, Rene Angelil; Death Row Recording star Nate Dogg; rock band Stone Temple Pilots lead singer Scott Weiland; as well as actors Leonardo DiCaprio and Jamie Foxx. He has also successfully defended Salvatore Scafidi, an organized crime family member.

On the other side of the Mack case is Deputy District Attorney Elliott Sattler, who has handled about 15 murder cases, backed by sharp-tongued, no-nonsense Washoe District Attorney Richard Gammick.

A Nevadan through and through, Gammick appeared in recent national press conferences not in a uniform or black suit like his colleagues, but in a patterned Reno Rodeo Western-style shirt and a bread-plate-sized silver belt buckle.

All four have acknowledged that this case will be marked by professional aggression, legal maneuvering and strained nerves.

Recent court appearances have suggested they may be right.

Mack, 45, is charged with fatally stabbing his estranged wife, Charla, and leaving her body on the garage floor of his upscale South Reno townhouse while he drove to downtown Reno and shot, sniper-style, the judge who was handling their contentious divorce.

Washoe District Family Court Judge Chuck Weller was struck in the chest, hospitalized and is recovering from his various wounds.

Charla Mack, the mother of the couple's 8-year-old daughter, was 39.

Mack, a multi-millionaire who was well-funded and well-connected, led law enforcement on an 11-day international manhunt that ended June 22 when he surrendered in Puerto Vallarta, Mexico. He returned to Reno on June 23, and was booked into the Washoe County Jail.

He met with both Freeman and Chesnoff soon after the midnight booking, and the three talked until about 3 a.m., Freeman said.

Freeman and Chesnoff are in the process of filing motions to get Gammick and his office off the Mack case. They say Gammick's longtime relationship with Mack, and his involvement with Mack's surrender, make him a witness in the case and create a conflict of interest.

The preliminary hearing that was set for July 11 was changed Friday to Aug. 8, according to Sattler and Freeman. Meanwhile, Freeman said he plans to file motions in the coming weeks to remove the local prosecutors and judges from the case.

Personalities different

While both were born in May, are from New Jersey and are respected in their profession, Freeman and Chesnoff have different styles.

Chesnoff, 51, likes to play poker, and recently won first place in a tournament at the Bellagio in Las Vegas. Freeman, 49, likes to ride his bicycle with his son and play golf, hockey and ski.

But both were drawn into this case by the Mack family -- owners of Palace Jewelry and Loan, a successful downtown Reno business that has been operating since 1958.

"The Mack family knew of my practice and my experience and reached out for me to see if I could help their brother and son," Chesnoff said. "When Darren first called me he was aware of my lengthy experience in high-profile cases," and experience with death penalty cases.

"Nobody I have represented has received the death penalty," Chesnoff said.

Freeman said Chesnoff called him and asked him to join the defense team, and an hour later, four Mack family members or their lawyers called and asked the same thing.

"I'm personal friends with some of Mack's personal friends and I knew him as an acquaintance," Freeman said.

The two began working on the case and found that their styles complimented each other. And their experience with the media will help in a case that has drawn national attention.

Freeman co-hosts a weekly television talk show, "Lawyers, Guns & Money," with his former law partner, David Houston. The show runs Sundays on KOLO-TV, an ABC network affiliate. Chesnoff has appeared on numerous television shows, including Dick Cavett and is an ABC legal consultant.

Tough cases to defend

Freeman's first murder case was with a man named Jong Woo Lee, who was accused of killing his brother-in-law Park Chong Nam in 1992. The prosecutor on the case was then-deputy district attorney Richard Gammick. The judge: Mills Lane.

Lee took the stand in his own defense, and the jury came back with a "not guilty" verdict.

Freeman also represented one of two Nevada men who were accused of stealing petroglyphs. A federal court jury in Reno convicted John Ligon, Freeman's client, and Carroll Mizell, in June 2004 of stealing government property. But a federal appeals court in March overturned the conviction.

Freeman's other clients include Shirley Colletti, former manager of the Mustang Ranch brothel, and one of the three Reno men charged with shooting wild horses.

He also was instrumental in getting Nevada's "Son of Sam" law stricken. He defended Jimmy Lerner, a convicted felon who wrote a book about killing his friend in a fist fight.

The law allowed victims of felonies to collect money from offenders who produce books, magazines or movies related to the crime. But the Nevada Supreme Court said the law was an unconstitutional violation of free speech.

Chesnoff has successfully defended a long list of high-profile clients against everything from racketeering charges to armed robbery to capital murder.

He defended U.S. District Court Judge Harry Claiborne in the U.S. Senate impeachment trial, was the lawyer for Teamster president Jimmy Hoffa's lawyer in a federal bankruptcy fraud case, and got an acquittal for David Kulink in a 15-ton hashish case.

Chesnoff said he has a good rapport with Darren Mack.

"It's very clear that Mr. Mack has been an upstanding citizen and a good family person," Chesnoff said. "He has made it very clear he's the person people knew before this happened."

"There's obviously very serious issues that need to be examined," he said. "There will be things that have to be presented that, in many respects, will lead us to defending him. That's why he voluntarily returned."

Prosecutor gets the case by chance

Chief Deputy District Attorney Tom Barb, who is the team chief for the felony trial team, said Sattler has strong credentials and has the qualifications to handle this case.

"We have about eight people on the murder rotation, and any one of the eight could do this case standing on their head," Barb said. "If you're on the eight, it shows you're a person who is capable, and who has done six to 10 murder cases on their own."

Sattler, 39, just happened to be chosen, Barb said.

"It was his day at the barrel," he said.

Actually, it was his day to carry the homicide phone.

"The homicide phone is a cell phone that all local agencies call when a homicide or suspicious death happens," Sattler said. "You carry the phone until you get a case. You're on-call for as long as it takes."

The phone was in Sattler's pocket when Charla Mack's body was found.

Despite the pressure, Sattler said he looks forward to prosecuting Mack.

"It's a difficult case, but it's a really strong case from a prosecutor's point of view," he said.

He said he has great support.

"It's been a very good, multi-agency effort," he said. "A lot of agencies put in a lot of outstanding work into it."

Gammick is not working directly on the case, but oversees Sattler as a deputy in his office.

The county's chief prosecutor has a long history of fighting crime, and after announcing his bid for re-election this year, Gammick said: "I still enjoy chasing crooks."

Gammick, 59, was first elected Washoe County district attorney in 1994, and ran unopposed in 1998 and again in 2002.

He oversaw the building of the new seven-story, $37.8 million Mills Lane Justice Center. His staff had been scattered in three different locations, but moved under one roof in the new building earlier this year.

Gammick previously worked as an officer with the Reno Police Department, was a major in the U.S. Army, and spent time on a combat tour in Vietnam.

Websites that posted complaints about Judge Weller
http://www.onsecondthought.tv/mackjustice.html

Judge Shot by Sniper Makes First Public Appearance

By Martin Griffith
New York Lawyer
The Associated Press
June 28, 2006

RENO, Nev. -- Family Court Judge Chuck Weller, shot by a man who witnesses said was angered by the handling of his divorce, turned his first public appearance since the shooting into a plea to make family courts a less confrontational place.

"It is a place of raw emotion," Weller said Tuesday at a news conference at the National Judicial College. "As much as we try to avoid it, oftentimes there are winners and losers.

"What we need to do and what we try to do in the Family Court is come up with a resolution where there is neither a winner nor a loser, but it is inevitable in many cases," he said. "So we need to work on our resolution opportunities."

Darren Mack, 45, has been charged with the June 12 murder of his wife, Charla, and the attempted murder the same day of Weller, who was handling the couple's divorce case.

Witnesses have described Mack as very angry over the way the judge was handling Mack's divorce. Weller, 53, declined to speculate, saying judges can't discuss a pending criminal case.

But Weller said he's confident justice will prevail when Mack goes to trial. "The court system will appropriately deal with Mr. Mack," Weller said.

Weller was standing near his third-floor office window when he was shot by a sniper more than three football fields away. Weller recalled hearing shots and shattered glass before he dropped to the ground with five entry wounds to the chest.

Weller also said he was pleased with Senate passage of legislation to increase federal funding for security at courthouses across the country. "It's important for democracy for courts to operate without fear," Weller said.

Appearing beside Weller was his administrative assistant, Annie Allison, who suffered shrapnel wounds in the shooting and returned to work several days later.

"It was a terrible, terrible thing, but I had to rise above anger," she said. "I'm not scared to open a window, but I'm more cautious of my surroundings now."

Weller was elected as one of four family court judges in Reno in 2004.

The state Commission on Judicial Discipline accepts complaints on judges but does not publicly acknowledge them unless it acts upon them. The commission has not acted against Weller.

Weller said he hoped to turn the shooting into something positive when he returns to the bench.

"I've tried to become a better judge and I'll always try to become a better judge," he said.

Wealthy Pawnbroker Arrested in Sniper Shooting of Judge

By Sandra Chereb
The Associated Press
June 23, 2006

A wealthy former pawn shop owner wanted in the death of his estranged wife and the sniper shooting of a Reno, Nev., judge was in custody Friday after surrendering at a hotel on Mexico's Pacific coast, authorities said.

Search for Darren Mack: Day Three Ed Pearce/James Steiner Reno - Channel 8 Jun 16, 2006 As News Channel 8 reported Tuesday night, a corporate credit card belonging to Mack's Palace Loan and Jewelry was used Monday afternoon at about 2:30 at a parking lot near the Sacramento Airport. Police believe it is possible Mack could be headed to the Bay Area, specifically to the town of Moraga. His cousin lives there, and he is believed to be the last person who heard from Mack since the murder of his ex-wife, Charla and the shooting of Judge Chuck Weller, who presided over their hotly-contested divorce case. The Mack family has since retained Reno criminal law attorney Scott Freeman to represent Mack. Freeman told News Channel 8 on Wednesday he is waiting and hoping with everyone else that Mack gets in touch. He says a plan is in place for him to surrender to authorities, if and when that happens. Meanwhile, his cousin Jeff Donner says that when they last spoke, Mack had wanted his take on the family's situation to be known. Donner went on to try and convince Mack to turn himself in. "His comments were brief," Donner said. "And his message to me was "If anything happened to me please make sure the true story about the injustices that are going on in that courtroom get out to the media and the public." "I'm begging him that if he hears this, if he's listening, to please contact us," Donner said. "He knows he can trust us. We will do anything to help him. We want to save his life." Because of his profession, Mack was licensed to carry concealed weapons, and had access to a number of guns, including a Bushmaster .223. The high-powered rifle has yet to be found. As police search for him he is considered armed. The vehicle that Mack had rented just days before Monday's incidents is still being searched for. It is a silver 2006 Ford Explorer with a California license number 5POR272. "If he is in fact responsible for what the news media is claiming, it is absolutely and totally out of character," Donner said. "It is a man that has simply snapped. A man that has been broken." Investigators say they've received a number of possible leads and continue to get phone calls suggesting more. Mack held a student pilot's license, so airports have been asked to be on the alert. So far, there's no indication he has tried to obtain an aircraft. Police have not yet released the caliber of the weapon used against Judge Weller.

Judge Told Officials Mack Had Harassed Him in the Past

By Martha Bellisle
Reno Gazette-journal
June 15, 2006

The family court judge shot in the chest by a sniper on Monday told officials in the ambulance that he had been "attacked" on the Internet by "one angry man" who had started a campaign against him.

That man's name was Darren Roy Mack.

Judge Chuck Weller, 53, was shot about 11:10 a.m. Monday as he stood by his window in the Reno Justice Court.

A shooter, who police suspect was Mack, had positioned himself atop a downtown rooftop, possibly a parking garage, directly across the Truckee River from the judge's window, and fired one shot that hit the judge just below his left collarbone, and just above his heart.

While initially in critical condition, Weller has been released from the hospital and is staying in an undisclosed location. Mack remains at large, and police warn that he is armed and dangerous.

During his ride to Washoe Medical Center, Weller said he was concerned for his family's safety, and offered Mack's name as one who had made threats, said Jim Denton, a spokesman for the judge's family and a political consultant who ran Weller's 2004 campaign for judge.

Mack reportedly had started a blog attack against Weller, who was handling Mack's contentious divorce from his wife, Charla. She has since been found dead, and Mack is wanted in her death.

A father's advocacy group had told Weller that "one angry man was starting a campaign against him, using friends, associates, the media and anonymous blogs to ruin Judge Weller's reputation," Denton said.

That group, Nevadans for Equal Parenting, issued a statement on its Web site Wednesday saying their thoughts and prayers go out to the judge and Charla Mack's family.

"Nevadans for Equal Parenting condemns the violent and senseless crimes which have occurred this week in Reno," the group said. "We hope if any good can come of this tragedy it will be that we take a close look at the current situation in our courts and hopefully make positive changes."

Weller also said he was harassed in another way recently.

A anonymous person, using cash, had taken out an ad in the "Big Nickel" stating that Weller had a Harley-Davidson motorcycle for sale. The ad listed Weller's wife's name, and directions to their home, Denton said.

"Weller owned no Harley and had never placed such an ad," Denton said. "Bikers started showing up at his house at 7 a.m. on Saturday morning in answer to an ad promising an auction of an expensive Harley motorcycle."

Denton said Weller called the police and court security about the ad. An investigation found an anonymous person had paid cash.

Soon after the motorcycle incident, Weller said his family was awakened in the middle of the night by their dogs, which were barking intensely.

"Therefore, when Weller was shot, he said his first concern was for his family's safety from someone who had his home address," Denton said.

Wounded Judge Was Despised by Some Parents
For Some, Man’s Shooting No Surprise
 in Highly Volatile World of Family Law

The Associated Press
June 14, 2006

To one father, ‘he’s a monster’
Garret Idle went before Weller in 2005 seeking to increase his visitation time with his two children. Instead, he said, the judge slammed him for more child support and did not listen to any of his concerns about his son and daughter.

‘Karma finally came back to bite him’
Weller, a married father of two daughters, graduated from Georgetown University’s law school in 1978 and moved to Reno in 1982. He entered private practice and mostly handled divorce and custody cases. He hosted a legal advice program for a few years on the radio and wrote a legal column for the Reno Gazette-Journal.

"I think karma finally came back to bite him," Idle said. "Hopefully Weller will have a change of heart in the way he deals with human beings."

© 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

URL: http://www.msnbc.msn.com/id/13323969/page/2/

NBC: Police Expect Reno Suspect to Surrender
Pawn-shop Owner Sought in
Judge’s Shooting, Killing of His Estranged Wife

The Associated Press
June 14, 2006

‘Hyper state of vigilance’
"The lead was strong enough that police responded with a large group of officers," airport spokesman Brian Kulpin told The Associated Press. "The entire airport was searched and will continue to be searched. We’re in a hyper state of vigilance."

"We’re well aware this is the inherent risk of trying to solve conflicts," he said. "Sometimes you don’t solve them peacefully and people take the law into their own hands."

© 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

URL: http://www.msnbc.msn.com/id/13282424/

Judge Is Hurt in Shooting at a Court in Nevada

By Kathryn Reed
Associated Press
June 12, 2006

RENO, Nev., 12 — A family court judge standing at a third floor window of his downtown court building here was shot in the chest shortly before noon on Monday.

The police said that the judge, Chuck Weller, 53, who was elected to the bench in 2004, was conscious and speaking to family members.

Darren R. Mack, who owns Palace Jewelry and Loan downtown, was sought by the authorities in a killing on Monday at an apartment in Reno as well as for questioning in Judge Weller's shooting.

Deputy Police Chief Jim Johns said Mr. Mack "had recent dealings with the judge and court."

"The suspect," Chief Johns said, "is known to have access to firearms."

Court documents show that a hearing in a contested divorce between Mr. Mack and Charla M. Mack is scheduled for Sept. 7 before Judge Weller.

The case involves children.

The police would not release the name of the victim of the homicide or the victim's relationship to Mr. Mack.

Chief Johns said it was possible that the judge was shot before the homicide was called in at 3 p.m.

Judge Weller was shot one to five times, Chief Johns said.

The judge was listed in serious to critical condition at the Washoe Medical Center.

His family requested that no further information be released.

The authorities would not speculate on a motive, though they said family court cases could be volatile.

"We are looking into his caseload and past cases," a spokesman for the police, Steve Frady, said.

Mr. Frady said he was not aware of threats against Judge Weller.

Also injured in the shooting, at 11:15, was a woman, whose identity remained unclear.

The woman had superficial wounds to the left arm, left neck area and right hip, Mr. Frady said, although it was not known what had struck her. Mr. Frady said he did not know whether the hospital had admitted her.

Floyd Pearson of Lake Head, Calif., said he and his partner pulled into a parking garage structure about 500 yards across the Truckee River from the courthouse about 11:10 and had just locked their vehicle when a sound startled them.

"We heard a very large noise," Mr. Pearson said. "I thought a big transformer blew up. I didn't see anyone outside."

Boyd Cox, who owns Antiques and Treasures, said he locked his store's doors for hours because he is close to the courthouse.

"I didn't want anyone to come in and take hostages," Mr. Cox said.

He fed the 20 people in his shop hot dogs and sodas.

Mr. Frady said some nearby buildings were evacuated, while people in other buildings across a three-by-five-block area cordoned off by police tape were told to remain inside.

Officers scoured the area for clues. Mr. Frady did not say whether any had been found.

[Index to Articles]