Subplots bring intrigue to trial

With racy subplots, the case has all the elements of a late-night adult television drama:

A wealthy, attractive couple. A swinger lifestyle. Well-heeled connections among the city’s movers and shakers. One prosecutor removed from the case. Another with his sights on Congress. Allegations of judicial corruption.

A bloody dog.

But whether jurors in Reno get to write the final chapter in this true crime saga remains to be seen.

From the outset, defense lawyers Scott Freeman and David Chesnoff have questioned whether Mack, 46, a former wealthy pawn shop owner, can get a fair trial in a case that generated intense media attention and prompted unprecedented legal maneuvers.

All Washoe County judges were recused from hearing the criminal case or any civil lawsuits stemming from it because of concerns of prejudice.

District Attorney Dick Gammick removed himself early on because of a his long-standing acquaintance with Mack, and two special prosecutors were named: Clark County’s Assistant District Attorney Christopher Lalli and Chief Deputy District Attorney Robert Daskas.

During a hearing Thursday, the lawyers and Clark County District Judge Douglas Herndon began sifting through juror questionnaires, “kicking” potential jurors who expressed unwavering opinions of Mack’s guilt.

“It looks as though the majority of jurors in Washoe County have already made their minds up as it relates to Mr. Mack’s guilt or innocence,” Freeman said in an interview on Friday. “Obviously, both sides would prefer that opinions have not been made.”

Lalli could not immediately be reached for comment Friday. He has indicated he would make no remarks to the media until after the trial, his assistant in Las Vegas said.

But during Thursday’s hearing, both he and Daskas, who intends to resign after the trial and run for the Democratic nomination in Nevada’s 3rd congressional district, said their goal is to seat a fair and impartial jury.

Out of about 400 potential jurors, more than 250 noted a belief of Mack’s guilt, the judge said. But he said a surprising number said they are open-minded.

“There’s more people here who said they don’t have an opinion than I would have expected,” Herndon said.

Under Nevada law, potential jurors who admit having a preconceived opinion on a defendant’s guilt can still be seated if they indicate a willingness and ability to set aside their feelings and decide the case on its merits.

“The question then becomes, when you say you can set aside your opinion, where do you put it? In your back pocket?” Freeman said. “That would be a very difficult thing for someone to do, just by human nature.”

The defense is expected to move for a change of venue after the jury selection process. In Nevada, such motions cannot be heard until after an attempt is made to seat a jury.

Herndon last week acknowledged the defense concerns, and indicated if an impartial jury cannot be seated, he would move the trial to Las Vegas, home to the judge, both prosecutors and Chesnoff.

Mack is accused of murdering his wife, Charla, 39, who’s body was found stabbed to death June 12, 2006, at Mack’s upscale town house in south Reno.

Authorities allege he then drove downtown, and a few hours later shot Family Court Judge Chuck Weller with a high-powered rifle while the judge was in his chambers on the third floor of the courthouse.

The judge was shot in the chest and recovered.

Mack, charged with murder and attempted murder, has pleaded not guilty and not guilty by reason of insanity.

During an August 2006 preliminary hearing, Mack’s longtime friend, Dan Osborne, testified he was at Mack’s condo when Charla Mack arrived with the couple’s daughter the day of the killing and watched television with the girl upstairs while Mack said he was going to talk to Charla.

A short time later, Osborne said his dog, with blood on its “face, throat and feet,” came into the condo through the garage ahead of Mack. Osborne eventually took the girl to Mack’s mother and called police.

Osborne also testified that Mack was frustrated with Weller’s handling of the divorce case and felt he wasn’t getting a fair hearing. A reporter for a Reno television station earlier said that Mack had approached her weeks before with allegations that Weller was corrupt.

Charla Mack filed for divorce in 2005. In court documents, her lawyer said Darren Mack ignored Weller’s order to pay her $10,000 a month in temporary alimony. Weller found him in contempt of court, but Mack filed for bankruptcy.

The lawyer in documents also said Mack continued to live a lavish lifestyle, took frequent vacations with girlfriends and often attended “swinger” parties.

Mack fled the Reno area and ended up in Mexico, where he surrendered 11 days after the stabbing and shooting.

While on the lam, he called and e-mailed District Attorney Gammick, a friend and business acquaintance for 20 years. But the trial judge suppressed some of those communications, ruling they were obtained in an unethical manner because Gammick knew Mack was represented by lawyers.

The trial is expected to take two to four weeks, attorneys said. The prosecution lists more than 200 potential witnesses, including 15 experts. The defense in court filings identified three, with six experts, though they reserved the right to call anyone previously mentioned in discovery or other case filings.