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Mar. 29, 2007
Copyright © Las Vegas Review-Journal


Judge in Mack civil case denies recusal motion

THE ASSOCIATED PRESS

RENO -- The judge assigned to a civil case against a man accused of shooting another judge said his law clerk's past relationship with the plaintiff does not warrant his recusal.

Annie Allison is the secretary for Washoe Family Court Judge Chuck Weller, who was shot and wounded through a window in June. Allison was hit by shrapnel.

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She is suing the suspect, Darren Mack, for civil damages. Mack also is scheduled to stand trial in October on charges of shooting the judge after first killing his estranged wife.

Mack's civil lawyer, Mark Wray, argued that Judge John Iroz should recuse himself from the case because his law clerk, Kenneth Lund, and Allison have known each other since high school and dated over the years.

But Allison's lawyer, Cal Dunlap, countered that Lund and Allison had not seen each other in seven years. Iroz agreed, and noted that the outcome will be up to a jury.

Wray said he plans to appeal the ruling to the Nevada Supreme Court.

Mack is accused of fatally stabbing his estranged wife, Charla. Authorities allege he then drove to downtown Reno and shot Weller, who was handling the couple's divorce.


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