Judge again denies Mack’s bid for a new trial
April 16, 2008 - 9:00 pm
RENO -- Darren Mack's bid for a new trial in state court ended Tuesday when a judge again denied the former Reno pawnshop owner's request to withdraw his pleas to killing his wife and shooting the judge who handled their divorce.
Mack's appeal now moves to the Nevada Supreme Court, but not before Judge Douglas Herndon criticized Mack's lawyer, William Routsis, for taking an "immature approach to the practice of law."
Routsis apologized for statements he made in some of his written arguments, saying they were "not personal. ... I hope nobody took it personally."
But Herndon, a Clark County judge who was assigned to hear the case because of potential conflicts among Washoe County judges and prosecutors, told Routsis that his apology "rings hollow."
The judge said Routsis' "personal pronouncements" in his motions "were the worst things I've ever seen," adding that they "were not proper for a legal brief."
"You're not writing a letter to me as a scorned child," Herndon told Routsis. "If you want to act like a petulant child, do it on your own time."
The attacks in his motions were "not OK," Herndon said. "It's an immature approach to the practice of law. I would strongly recommend that this type of pleading be ended."
Herndon in February sentenced Mack to 36 years to life for the June 2006 crimes and previously denied his motions to withdraw his pleas.
He refused to grant Mack's request to withdraw his guilty pleas again because Routsis had made no new arguments to support a change in the plea.
Routsis had argued Mack went into the plea deal believing he would be able to maintain the position that he fatally stabbed his estranged wife, Charla, in self-defense. But once it was clear that wouldn't happen, Mack sought to change the plea, Routsis said.
Routsis earlier had argued to remove Herndon from the case, claiming he was biased against Mack because of friendships with previous lawyers. But Chief Clark County District Judge Kathy Hardcastle denied that motion on Monday.