Defense motion in Mack case denied

RENO -- A Nevada judge denied a defense motion Friday that would have delayed next week's sentencing of a former Reno pawnshop owner who pleaded to killing his wife and shooting the judge handling their divorce.

In handing down the ruling, District Judge Douglas Herndon said the sentencing hearing for Darren Mack, 46, would go on as scheduled. The judge also questioned why the motion wasn't filed before Thursday.

"I think it's woefully late," Herndon said. "I can't understand why the request wasn't made ages ago." The sentencing hearing is scheduled for Thursday and Friday.

Mack's attorney, William Routsis, defended his request for a three-week continuance.

"I've been in the middle of a fight for his life ... and it slipped my mind," he said, noting his busy schedule.

The judge also denied a defense motion to delay the proceedings until the Nevada Supreme Court could consider a request to overturn an earlier ruling by Herndon. On Jan. 18, the judge ruled that Mack was not entitled to withdraw his pleas in the June 2006 death of his wife, Charla, and the shooting of Washoe County Family Court Judge Chuck Weller.

"Quite honestly, I disagree" with the defense about the request's likelihood of success at the Nevada Supreme Court, Herndon said.

The judge also disputed Routsis' contention that Mack's failure to be interviewed by state Department of Parole and Probation officials would result in a higher recommended sentence.

"I'm not going to hold that against Mr. Mack," Herndon said. "I go against (sentencing) recommendations all the time. I look at the facts of a case and decide what's appropriate."

The judge issued the ruling by speaker phone from his Las Vegas chambers to Routsis and Mack, who appeared together in a Washoe County courtroom. Mack was dressed in jail attire.

Routsis said he had advised Mack not to talk to parole and probation officials because he was appealing the case.

"I can't have my client discuss the facts of the case when we're trying to get a new trial for him," he said after the hearing. "It would be a failure to represent him."

In November, Mack pleaded guilty to stabbing his wife to death and the equivalent of no contest to attempted murder in the shooting of Weller, who has recovered.

A month later, Mack fired the two lawyers who had handled his case and hired Routsis to argue his claims that the previous defense team had pressured him into a plea agreement against his wishes.

During Friday's hearing, Special Prosecutor Christopher Lalli accused Routsis of "game playing" with his latest motions and noted Mack's sentencing was stayed once before.

"The court is bending over backwards for the defendant," Lalli said.

Routsis denied the allegation and said continuance requests are not uncommon in such cases.