Mack e-mail to DA challenged

RENO -- A judge expressed concerns Thursday about allowing evidence at Darren Mack's murder trial that includes incriminating comments Mack made in an e-mail to Washoe County's district attorney regarding the killing of his estranged wife and shooting of a judge.

District Judge Donald Herndon, who earlier suppressed telephone conversations between District Attorney Richard Gammick and Mack, said he intended to rule on the e-mails today.

The former wealthy Reno pawn shop owner is accused of the June 12, 2006 stabbing death of his wife, Charla, at his town house and then shooting and wounding the judge who was handling their divorce.

Mack is charged with murder and attempted murder and has pleaded not guilty and not guilty by reason of insanity. Trial is set bet begin Monday.

In a previous ruling, Herndon threw out the taped telephone conversations in which Mack allegedly confessed on grounds they were recorded illegally. The judge also said those conversations were inadmissible because Gammick knew Mack was represented by lawyers and had a professional duty not to talk to him.

During Thursday's hearing, defense lawyers Scott Freeman and David Chesnoff said the same argument applies to an e-mail Mack allegedly sent to Gammick while he was on the run in Mexico.

Chesnoff called the e-mail "fruit of the poisonous tree" that should be barred from testimony.

But Special prosecutors Christopher Lalli and Robert Daskas argued Gammick would have been "remiss" in his responsibility to the community and as a prosecutor not to have read the communication.

"This is something that fell on Mr. Gammick's lap," Lalli said. "This is not something that he reached out for."

Lalli argued the suppression of evidence is "punitive," and designed to punish lawyers and law enforcement for unethical or illegal conduct.

"If he was doing his job, there is absolutely no reason to punish him," he said.

But Herndon said the legal rules are designed not only to punish misconduct, but "sometimes to protect (defendants) from themselves" by establishing when prosecutors can speak with suspects.

In the e-mail, Mack outlines conditions for his surrender, and includes a demand that he be given the death penalty. He also claims that he killed Charla Mack in self-defense.

Gammick testified he was returning to his office on June 19 when his secretary called him on his cell phone, saying Mack was on the other line and she transferred the call.

"He said, 'Have you received my e-mail?'" Gammick testified.

Gammick said he hadn't, and asked Mack to send it again.

It came under a sender's name of "Kerry Walburg," and had a subject line of "Darren's Mack's Surrendering Himself."

Gammick conceded he opened the e-mail because of his conversation with Mack.