Showing posts with label Jean Casarez. Show all posts
Showing posts with label Jean Casarez. Show all posts

Friday, February 29, 2008

Mark Jensen Murder Trial: Sentence! LWOP

February 29, 2008
 
I apologize for taking so long to get the coverage of the Jensen trial sentencing up. I wanted to include as much of the court proceedings as I could to honor Julie’s family and her memory. Sprocket.

We are live in the courtroom and the camera closes in on Craig Albee. Then the camera moves to Kelly. Holy cow! Now that she’s out of the “nun like” outfit we can see that she’s got a huge rack on her! Wow. Huge. David, sitting beside her has his head down and people are talking to him. Kelly and others are supporting him. David looks quite sullen, with his hair combed forward to cover most of his face.

The attorneys all went in chambers with the Judge and the feed is just on the Judge’s bench. This is a much nicer courtroom than the one the case was heard in.

We see two of Julie’s brothers. The side of the courtroom the defense and prosecution is on switches from the Elkhorn courthouse. Jensen I believe, will be in prison garb. The camera is now on the little passage way door where the deputies will bring Jensen into the courtroom. And we wait.

ritanita: Kelly and David are in the courtroom. That's the biggie for me right now. David looks so very much like his father. This must be one of the hardest days in his life. My heart goes out to him. On the other side of the courtroom, her brothers smiled and greeted Mr. Jambois. Marks parents arrive and sit with the other members of the family.

donchais: Nice courtroom.

ritanita: I am very impressed with Kenosha! Judge Schroeder must feel good to be "home."

Jensen’s sister enters the courtroom, and she sits second or third row back. Now she changes seats, and sitting directly behind David and Kelly and Jensen’s parents.

ritanita: Jean Casarez mentioned that when Laura came in and sat behind David, she gave him a bit of a smile, he didn't acknowledge her.

David’s hair covers a part of his face, and he keeps his head down. He’s quite sullen looking. We see another one of Julie’s brothers, who is hugging his siblings. They are all there now, all four brothers. And then we lose sound. Ah! It’s back! And we wait.

We see the empty chair where Mark will sit when he enters the courtroom. donchais thinks the judge is finishing his egg McMuffin. The camera shows a shot of Ratzburg. He’s been chasing this case for almost ten years. Dan, Jensen’s father and his mother who are sitting together right behind the defense area are not looking too happy.

We see a shot of the door behind the bench were the attorneys are congregating, but Jambois isn’t in there now. But he was the first time. We are now watching the doorway that Jensen will emerge from into the courtroom. Then the camera pans in close on the doorway. The cameraman must know he’s coming. Just like I thought; he’s in prison garb. A white T-shirt and dark gray prison garb over it. Kelly smiles at him. I will always believe she knew what Jensen was planning. In my mind, there’s no way that she didn’t know. Jensen is in handcuffs.

Jean Casarez reports that members of the jury and an alternate are in the courtroom. Jensen’s parents are in the courtroom sitting in the front row on the defense side, but they do not speak to Jensen or to Kelly and David who are sitting in the same row.

The announcement comes. Please rise.

The Judge takes the bench and the courtroom goes silent.

Judge Schroeder goes over an issue that still needs to be resolved. The correction of the death certificate regarding Julie Jensen.

The attorneys identify themselves for the proceeding and Judge Schroeder starts to speak. Based upon the evidence produced upon the trial, first of all we’ll need an amendment form the medical examiner because when this case was submitted in 2004 the case was originally submitted to Judge Fisher so it has branch four on there so it needs to be corrected. So I ask that you ask Dr. Mainland to submit a new form 5040. Unless there is an objection when the form is submitted the court will direct the examiner to change the medical certification portion of death certificate listing the manner of death as pending to state that, in box 46 A the cause of death was ethylene glycol poisoning and the manner of death at box 38 criminal homicide. And otherwise as submitted is satisfactory. Any objection to that?

There’s no objection from the state.

Albee: Judge, I’d like to see the petition as submitted and would like to have the opportunity to object at that time. I’d request five days .

Judge: All right. If you would see that that is submitted to Mr. Albee for review and the court will approve it after five days if there is no objection.

The second issue I wanted to comment on before the finale judgment in the case is entered, is uh, with respect to the evidentiary ruling about the dying declaration. I apologize. I started another trial on Monday and I’ve been in trial all week, so, and continue in the trial this afternoon, so I have not had a chance to complete the memorandum which I had promised for today. I do want to state some of what I’ve assembled in terms of the rationale for the ruling which was made that this is a dying declaration since it has the potential to be of extreme importance to the future course of this case.

I just observe that, one of the principle things that Crawford vs Washington did was not only clarify for us what the rule of confrontation is and how it works, but to make very clear to us, and I’m quoting directly from the decision at 541 United States 54 amendment six is most naturally read as a reference to the right of confrontation at common law, admitting only those exceptions established at the time of the founding. There’s other references in the decision to the historical basis for the rule, but what they make clear is that, when one is working with the right of confrontation, that the historical rule as it existed at the time of the adoption of the bill of rights is what’s to be considered. That is the reasoning behind the determination that this was a dying declaration. (There’s more.)

And soon after, although I’m typing away, I’m totally lost as to what the Judge is talking about with the rule of confrontation being over 1,000 years old. I think I get the gist, but I’m not really sure. He’s going back 200 years as to what the original framers of the law meant by dying declarations, their origin in religion and from what I am grasping, it appears he disagrees with the Wisconsin Supreme Court’s ruling that Julie’s letter is NOT a dying declaration, and he goes on to explain why he accepted it as a dying declaration letter. Schroeder continues to quote more ancient law and what the rulings were in those cases. More cases are mentioned. And as the Judge reads about these cases, the camera closes in on Jensen.

“One of the principles of English law, which was driven by religious belief was represented by the maxim, (and he rattles off a latin phrase here) that is, a dying person is not presumed to lie."

The camera pans to a close up of David.

“It would seem that every dying declaration would be a dying declaration. It would seen that a person in such a position with such, would be under the same stress, and the the situation would question the stating even while the declarent's under that stress. It makes no sense that we have a different law....”

And the Judge reads more case law about the framing of the constitution and I get more lost. Then the Judge bursts out in an angry voice, addressing someone in the gallery.

“Sir! If you’re going to carry on you’re going to leave this courtroom right now! Do I make myself clear! In the middle! You know who I’m talking to! (It’s totally startling this outburst from the Judge.) You!

(Man! I know exactly what that feels like!)


"I’ll leave your honor," a voice from the gallery replies.

And the Judge says, “That’s fine with me!”

Judge Schroeder goes on about dying declarations, and I can’t grab it because he’s reading so fast. He’s reading old English sounding language.

LinZbee: Morning all. I just turned TTV on and missed what just happened. Did I hear in the background of what's happening here, the judge just kick some guy out of the court room? Please tell me what happened. Thanks.

donchais: He was talking in court, a no no.

Schroeder then gives an example of making a scheduled payment online, for a bill to be paid on a certain date, and the parallel’s he draws to Julie Jensen’s letter that is to be delivered to the police in the event of her death. His example is strikingly eloquent in explaining Julie’s frame of mind in writing that letter before hand, in the event that near her death, she would be unable to make a dying declaration.

ritanita: Judge Schroeder quotes examples from Shakespeare.

The justification of the Common Law was that a dying person would face the wrath of Hell. The modern interpretation has been that it was merely an excited utterance. The 1791 references are more important than the current version. The Judge compares this to the way he schedules on-line credit card payments. By putting a future date in and doesn't change it, it will go through. That is is desire. Julie wrote the letter and gave it to Thad Wojt prior to her death, but never took it back to change her intentions.

I'm impressed! The Judge takes Common Law and proves it by 21st century technology! Wow, for not having finished his finding, this sure is rambling.

A close up on Jensen. His lips pursed.

LinZbee: How perfect it will be if Julie's letter is the linchpin that hangs Mark's hide with the strongest sentence. I just feel so sorry for his son. "The Doomsday Letter", the judge called it.

“There is not doubt that Julie Jensen feared she would swiftly lose her ability to communicate. That she scheduled her letter for when her death was confirmed. Julie purposely allowed the letter to remain....” And I lose getting the last bit of what Judge Schroeder was conveying when he proceeds to sentence.

ritanita: Ah, but this is the key to the conviction. Judge Schroeder is justifying his decision for declaring Julie's letter a dying declaration. That would make it an exception to the hearsay rule which is presently before the Supreme Court. If that case prevails, Mark Jensen would have a good shot at winning his appeal.

Albee speaks for the record. Judge, I just have a few comments. I certainly wasn’t prepared to raise any issue regarding the dying declaration today but I would say that, at the the trial, this matter, the dying declaration rule was not the the basis for the admission of the letter or any other hearsay evidence. Procedurally, it’s not an issue that was briefed by the parties or raised by the prosecution at the time of trial. I would view the courts opinion, given those circumstances, as purely advisory, since it wasn’t the basis for admission of evidence in this case because the parties did not brief this issue did not have a chance to respond to the issue that the courts raised “su a sponte.” (I’m sure I have that latin wrong.)

Those are mostly procedural things, the only thing I would just note at this time in terms of the validity of the court’s ruling. I oppose whole heartedly, I don’t think there is a basis for admitting it as as a dying declaration. I don’t think any of the existing law supports admitting it as a dying declaration. And I don’t think that as interpreted it would survive any confrontation challenge. But if the court’s looking at the law as it existed at the time of the founding, I’m unaware of any interpretation of dying declarations prior to 1791 in which dying declarations were interpreted so broadly as to encompass statements made long before a person was, uh, in the dying process, if you were under that belief. And so, I don’t, think even under the court’s reasoning that, uh, at the time of the founding that would allow the admission of this, of this evidence. Were I to take the time to brief this, I think I would have numerous other objections to the admission of this evidence as dying declarations but I think all those are preserved particularly since procedurally there was not an opportunity to brief this issue before a decision by the court.

Mr. Jambois: First of all your honor, I have in the past likened this letter, to some more like a testamentary request than, or bequest rather than a dying declaration. I have to say that I found that I’d never done the research that the court has probably done in this case and I have to say I found it intriguing. However, you did admit this document as a dying declaration, you found that to be an independent basis for admission of the document and you did that during the states case in chief as I recall. So it is on the record, and it is part of the record in this case.

Judge: Well I don’t think it was during the state’s case in chief.

Jambois: It wasn’t?

Judge: I think it was prior to the close in the evidence, however, I think ultimately I have the responsibility to decide on how the evidence is received and it strikes me that the core rule, and there are some dying declarations as old as three weeks before death reported in English law. You're getting into the timing, and the timing is relevant only so far as it bears upon whether the declarant would have had the fear that she would have to pay for what she was saying in the afterlife. That’s the core of the rule. That’s what its all about. Otherwise, we wouldn’t even have a rule, that’s absurd....

I miss a lot of the next text, but he goes onto say:

But we are dealing here now with exceptions to the confrontation clause and Crawford has taught us that that has to be looked at, the way people thought in 1791. Now, um, ~ the Judge grasps for some words ~ I’m struggling with this idea, that this is kind of a of a glorified dying declaration. It doesn’t make any sense. Why would they even have, a dying declaration rule, if ~ a glorified excited utterance~ It seems to me every dying declaration, or at least the huge majority of them, I guess I would say all of them, would have to be exited utterances so it doesn’t make any sense to have two different rules. Not only two different rules, but two different conditions upon which the evidence can be received. So there must be something special about the dying declaration and the answer is what the founders believed and relied upon.

donchais: This must be pure torture for Mark sitting there.

Judge: I’m sure that we won’t hear the last on this issue, but perhaps the last from me.

Albee: Family members of the victims that want to be heard. The sons have given me a letter that they would like me to read.

And, this is from David and Douglas Jensen. David, David is here in the courtroom. Dear Judge Schroeder, Our names are David and Douglas Jensen. We are the sons of Mark and Julie Jensen. Throughout this case, we have remained silence. Silent. And the true character of our father has remained obscured. We write this to give voice to the type of man he is.

After the death of our birth mother, Julie, he took care of us. We were, all of us, devastated at her loss. And the memory of him crying while holding his sons on his lap, is one of my most vivid. He was there to comfort us; to make sure we were okay. Not just emotionally, but in our daily lives as well.

Our dad has been described as unemotional, or something to that effect in the media. For those that don’t know him, this may appear to be true. But in reality, he is a strong willed person. He taught us how to hold ourselves up and carry on in our life, despite any adversity or hardship we may be facing. He never failed to support us throughout this ordeal. When he couldn’t return to his work after he was charged, he started a business to provide for his family.

It is true he worked a lot. However, this isn’t uncommon with today’s families. Despite this, he always made time for us. He’s always done this for us. If we ever need help, advice or just someone to talk to, we know we can go to him for anything. Also, whenever we spent time together, he made sure it was fun. Whether it was a weekend outing, or just bringing home a kringle for breakfast on Saturday, we enjoy the time we spend together. He cares deeply for his family.

Mark starts to break up.

Even while being held in the Kenosha pretrial facility, or Elkhorn during the trial, whenever we spoke with him on the phone, his greatest concern was the well being of his family. If anyone in this world is the epitome of loyalty, it is our dad. He encouraged us to follow our interests and to do well in school. It didn’t matter whether we needed some help on homework or just wanted to tell someone about an interesting article or book we’d read. He’d stop to listen and have a conversation.

Even in the face of this case, our Dad has been someone our family has counted on. While our desire would be for his immediate release, we realize the impossibility of this, as the court must pass a sentence in spite of his innocence. In light of this, we request that our Dad, be eligible for parole as soon as possible. We love you dad. Thank you.

Sincerely, David Jensen, Douglas Jensen.

Mark is actually crying. Donchais says, “This is the only emotion I’ve ever seen out of him” “He’s crying for himself,” I reply. Those poor, brainwashed kids. How sad.

Xspectorant: I see the jurors in the courtroom. Poor David, He looks so much like his Dad. There's Mark crying. Wahhhhh poor me! I murdered my sons' mother, but I'm still a great Dad! Wahhhhhhh!

EddieHaskel: Julie's letter can't stand by itself; she also had to DIE and there had to be supporting evidence for a jury to convict. And they had enough evidence to convict.

ritanita: That's it? I just knew she wouldn't say bupkis for darlin' hubby!

SKelly63: That was a fake cry. It broke my heart to hear that letter and Julie being described as "our birth mother." That just means they call the skank "mom."

EddieHaskel: His emotion may stem from knowing his son is sitting behind him and hearing all this, and I think he's crying for himself and his loss of freedom.

Paul Griffin speaks:

I respectfully ask the court today to show no mercy for Mark Jensen. Why you might ask? Because he showed no mercy to his wife, my sister Julie Jensen. He treated her poorly by taking advantage of her kind and gentle, giving nature. He disrespected her, as she took care of their house and children, while he did only what pleased him, while making her serve him.

He showed no mercy while he routinely tortured and abused Julie mentally by recording her telephone calls, and placing pornographic photos around their house, year after year. He controlled her by keeping track of the miles on her car and expected her to be hone at all times that he called.

When she tried to leave him he threatened that she would never see her children again. He showed no mercy when he tried to poison her, not once, but numerous times in 1998. He showed no mercy to her children as he ignored their pleas to bring their sick mother to the hospital. On December third, he looks his boys in the eyes, knowing he was not going to allow them to see their mother alive again. He propped her up in bed while she was barely able to breathe barely able to speak for her children to see.

Mark Jensen showed no mercy as Julie lay dying in bed suffering through the stages of ethylene glycol poisoning, her respiratory system and organs failing. When she was not dying fast enough he showed no mercy as he sat on her back and shoved her face in a pillow, suffocating her until the life left her body.

Mark Jensen hid behind a mask of fatherhood and providing for a family. He cold heartedly lied to, and tore apart with his selfishness and disrespect for life. He murdered d the person who made his entire adult life a success, and gave him two wonderful boys. He had a chance to make things right yet he chose evil, which he plotted and schemed for years and years, until finally ending his sick game of torture by finally killing my sister.

Killing Julie was not enough for Mark Jensen. He further chose to spit on her grave by claiming she killed herself. He tried to erase her existence from the lives of her sons. He has continued for almost ten years to make their children believe that she left them stranded.

He showed no mercy and his claims that Julie’s mother and family, my family are depressed suicidal people. Mark Jensen is a coward. He claimed Julie’s letter was not admissible in court because she was not here to be confronted, yet he made false claims against my deceased mother. Your honor, Mark Jensen does not deserve any opportunities for a second chance. I ask today for the maximum: No Mercy. No parole for Mark Jensen. Thank you, your honor.

Judge: Thanks Mr. Griffin. I want to thank you, and I forgot to point out before hand, in making your remarks, keep in mind please that, you are to direct your remarks to me, and not Mr. Jensen and how I am to dispose of the case. So please keep that in mind.

EddieHaskel: Well, if Julie's brother wanted to develop a relationship with David, I'm thinking that ship just sailed.

ritanita: I always hope that, with the passage of time, David will heal from this and begin to look at his Mother's death. Patrick's letter is so powerful.

donchais: Anyone else crying?

Xspectorant: Yes.

SKelly63: Me, this is so rough to watch.

Another brother takes the stand.

My name is Patrick Griffin, Julie's youngest brother. I will never forget the utter devastation of getting a call from my brother telling me that Julie had passed away at age 40, from an interaction from her doctor’s prescriptions. This was on December 3rd, 1998. I will never forget the second crippling blow of my brother telling me that Julie was murdered. Poisoned, by the defendant, who had his mistress soon after, staying over nights, and that Julie had been suspicious enough, to write a letter to police. This was in spring, 1999. I will never forget the despair and helplessness, learning that the defendant was out on a measly five hundred thousand dollar bail, even after killing his own children’s mother.

I will never forget his disappointment and misery, that Julie's letter to the police would be allowed into evidence and his bail was lowered, in 2004 to three hundred and fifty thousand and only to check in once a week. I will never forget the Superior Courts ruling.
I will never forget an inmates testimony, about suffocating Julie.

I will never forget the defendants winks and grins during trial. But not to get on the stand to spit on the grave, but to portray her as suicidal. There is only one who needs a psychological profile done. I will remember my own children wanting to know who Aunt Julie was and who their cousins are. I will remember her forever in photographs and music.

Over nine years, from hearing the words Julie's dead to hearing the words guilty. Someday I hope to remember how the defendant passed away not as a free man, but as someone who had paid the price of a selfish act that he had committed long ago. I ask that the court show the same no mercy that he showed he to Julie.

Another brother.

I’m Michael Griffin, Julie's younger brother.

Mark just didn't just poison Julie a kind caring person for nearly ten years, he emotionally tormented her, and caused her sexual pain.

Unfortunately at this point I had a house emergency and I had to step away from my computer, and I lose a section of Michael's statement.

I continue to grieve for Julie in her final months and days, as he continued to torture her, as she fought for consciousness and finally for her last breath. I will forever miss her natural loving of David and Douglas.

..so that this dangerous individual, who is beyond psychological social rehabilitation, can do no more harm to anyone and we can make reparation of the truth to the memory of our sister, Julie. Thank you.

Final brother.

I am Larry Griffin, Julie's older brother.

Judge, I believe Mark’s motive for snuffing out the healthy life of the mother of his two boys was to feed a personal vengeance he had against her, for a brief affair she encountered and a playboy lifestyle that she prevented him from living. Divorce would have been so easy. Mark and Julie could have gone their own separate ways, and negotiated the parenting of their children. But no. He saw fit to harm, to torture, to kill his wife, my sister. From whom did he acquire this authority over life and death?

He performed a reprehensible act that is morally unacceptable. I believe he must suffer. Julie still lives in the lives of David and Douglas. They know through her, just what he is all about. Their eyes, her eyes, will haunt him to his grave.

Judge: Thank you Mr. Griffin.

donchais: Mark has looked at the Griffins with anger as each has read their statements.

ritanita: It's hard to take, hearing the grief.

As my co-reporters are commenting on how emotional the letters are, I force myself to remain composed, to try to obtain as much coverage as possible. I shut off my feelings so I can report on the sentencing, to honor Julie and her family as best I can.

donchais: Everyone of their statements have been most eloquent.

SKelly63: OMG look what he wrote his remarks on.... I cant take much more of this.

ritanita: Larry wrote his statement on the back of a picture of Julie and the boys. OK, that did me in. I'm bawling.

Xspectorant: Hmmm. Julie's bro just mentioned the greeting cards Julie always sent. I wonder if Jambois ever researched to see if Julie had purchased the family's Christmas greeting cards yet. If she made a recent purchase (usually I look to buy mine after Thanksgiving), would that help disprove the suicidal theory?

ritanita: Good question. Well, one of her brothers received a gift from her, discounting that she didn't shop for the holiday.

Jambois speaks to the court:

I've waited a long time for this day Judge. I know that you've had an opportunity to assess the evidence from a more elevated plane, that of an arbiter of what comes into court and what doesn’t from an objective perspective. I've never had that luxury. I've been working to solve this case and working to find the truth in this case since December 3rd, 1998. What I've learned in this pursuit just how utterly devious a person Mark Jensen is. When we recovered the computer and we saw what Mark Jensen was doing on that computer we discovered how devious he was.

I really see no... I see both sides of Mark Jensen, in this courtroom when I hear from his family. When I heard the letter that was written by David and Douglas which I’m sure, is a heart felt rendition of their perception of their father. It doesn't surprise me in the least that Mark Jensen was able to hold his two small sons on his lap and weep with them, over their terrible loss and cause them to believe that he was blameless for their terrible loss, knowing all along that he was the arbiter, he was the cause of this terrible loss. I can see Mark Jensen doing that. I can invision Mark Jensen doing that.

And I hope at the time, that you consider the appropriate penalty in this case, you invision Mark Jensen. The real Mark Jensen. The Mark Jensen that was presented and revealed to the jury. The Mark Jensen that is presented and revealed to you today, by the statements of all the victims in this case including the statements of David and Douglas.

Consider, invision, Mark Jensen holding David and Douglas on his lap. The day of, the day after her death. The same day, the day after her death was the same day that he was talking to Dave Nearing (sp?) and discussing the advisability of having his lover, his girlfriend move into the house, before the wake. The same day that Julie was being carved open on a table, by a forensic pathologist, that same day, he was discussing with his friend David Nearing the advisability of inviting his girlfriend to the wake of his wife. And that same day, he was holding his sons on his lap, and weeping with them for their loss. The loss that he caused.

The same Mark Jensen who would sit with his wife, his wife Julie, throw a picture at her, and say to her, look what your boyfriend left for me today. So that he could observe her anguish, her shame, once again. Relish it. Love it. Love the humiliation that he was working upon his wife.

Kelly looks stoic.

Mark Jensen treated his wife the way some demented people torture small animals or pick the wings off flies. That’s the way Mark Jensen treated his wife in the years preceding her death. And those kinds of people who torture small animals can, none the less, portray themselves as something completely different to those around them. To those whom they care about. Mark Jensen cares about his children, but in terms of Julie, how did he describe her? Why that was one of his details. And details are just noise in the bigger picture. You really get a chilling picture of the ways Mark Jensen’s mind works and the reason that he is able to persuade his parents, and to persuade his children is because Mark Jensen is a true sociopath. A true sociopath. As Laura Coster, prophetically told Julie, a week and a half before she died, “I lived with him for 18 years you have no idea what he's capable of.”

We know that this case calls for manditaory LWOP.

Jambois, requests that if he decides on parole, that it be many many years into the future.

Or tell this defendant that he will never receive parole. He has stole his freedom for the last nine years. He was out on bond for 8.5 years. He worked over time to destroy Julie’s memory. He wanted to poison the ground so that no more more love would exist by these children for their mother. I don’t know if the kids are emotionally prepared to look for that (the truth in this case). I encourage them to look at the transcript of this case to anguish over it, just like the jury did.

And their father, who acted as though he loved them , did an act that made them suffer for the rest of their life. That you look at the true Mark Jensen who could hold his sons on his lap and comfort them all t he while knowing that he murdered his wife.

And how he tortured her, and watched chow he relished in her fear and her shame .

donchais: Jambois is even saying the kids were brainwashed.

Xspectorant: The air must weigh 1000 lbs in that courtroom. I get the feeling everyone there is having a hard time breathing, even more so than me. Rest in peace, Julie, rest in peace.

ritanita: You can feel it. I feel for Laura. She seems to have lost her family, too.

SKelly63: Im sorry; if your kids are receiving free school lunches because you claim you cant afford it, then you better not be getting your hair highlighted etc. I CANT stand that skank Kelly.

donchais: Can you imagine how Jambois feels, having chased this for 10 years?

Xspectorant: Dang! I'd hate to be Judge Schroeder.

ritanita: I'm guessing the judge gives him 300 years before he can ask for parole.

SKelly63: An excellent father does not kill the mother of his children..... (BS!)

Mr. Albee.

In considering what is an appropriate sentence in this case, really comes down to hen he should have the eligibility of parole. the court must consider the defense character and the gravity to the public, We maintain the wrong decision in this case and that the court must accept the jury's verdict, in this case.

It’s a very serious offense. that’s why we have life in prison mandated. That’s why under the best case scenario from the defendant’s perspective, it’s a long, long time before parole is ever a possibility. In looking at what we should do in this individual case, and of course that’s what the court must do is look at this particular person, Mark Jensen, We can look at the rest of his life. He's’ been hard working, he’s worked ever since high school. He's always been employed. He’s been an excellent father to his children.

Even neighbors who are extremely biased against Mr. Jensen, recognized that he was a loving father from all of their observations. You have the letter from the children in this case. They love their father, that he’s been supportive of them. They’ve done very well. David is at the top of class and heading off to college next year. And they've made it though this ordeal as intact as they could be because of their father’s support, willingness to talk, willingness to be the kind of supportive parent they needed to get through the loss of their mother.

Mr. Jensen has no prior criminal convictions, just his offense that the court must sentence on. In terms of protection of the public, again no prior offenses; no offenses while this case was going on. Four hundred and fifty plus times he reported without incident to either the DA’s office or to the corrections service. This court must consider the recommendation of people who are characterized as victims. And his children under the law fit that profile most directly. What they want, is for their dad, who they see on a daily basis, who they know in a way that no one els in this court knows him. And they see what kind of person he is. He’s a hard working man who’s been supportive of all their needs. What they want is that he have the opportunity for parole eligibility at the earliest date.

Mr. Jambois suggests they read the whole transcript. That’s fine. That’s up to them. I have no concerns about that, because I think that no matter what they know hat kind of man their father is. And, at the end of the day, the court is not deciding whether or not Mr. Jensen is released on parole, but simply deciding whether or not he has the opportunity. And as these young men and boys become adults, and they have the opportunity to examine this case however they see fit and receive whatever information they think is relevant to their consideration of who their father is. And if they feel differently at the time that a parole board might meet, somewhere down the line when Mr. Jensen is at least in his sixties, the parole board will ask them how they feel.

And if they feel differently then, well that will be taken into consideration. If they feel the same way that they do now, that ought to be taken into consideration because they are under the law the people who are identified as victims in this case. And, the parole board can take into consideration all the circumstances as they exist at that time including the wishes of the victims, David and Douglas Jensen. And, the parole board can consider under the circumstances as they exist at that time, whether the public is protected from Mr. Jensen and I see no risk that he would pose at all, if he were to be released in his sixties. He’s been a productive member of society throughout his life. So, what I’m asking this court, is, to follow the wishes of David and Douglas Jensen in this case and allow them what they wish which is the opportunity for their father to be considered for parole in the statutory time. What might be considered the default time period under, what that section 306.01 sub zero one.

The camera moves quickly over to Kelly Jensen, who doesn’t appear to be looking at her husband, and then the camera zooms in on David, and stays there for a time. He keeps his head down and is so solemn looking. Jensen looks sullen as Albee speaks.

And the parole board can make the decision on the circumstances as they exist at that time. As while this is a very serious crime, so are the penalties. So is the lengthy time before he is even eligible for parole and the life sentence that’s hanging over his head right now. But the victim’s rights rule, isn’t a one way street. It wasn’t enacted just so victims could express their wishes and Judges would hammer those defendants in cases where the victims wanted vengeance, retribution. But in this case, those children want mercy. They want that in part because they’ve spent on a daily basis their time with their dad who they love and know to be a good person, and who’s brought them up well.

Again, if they feel differently thirteen years, twenty years down the line, whenever there’s a parole hearing set, they can express that. And Mr. Jensen won’t get out. But if they feel the same way they do now, then as victims, their rights out to be respected and the door shouldn’t be shut on that. And the parole board can consider the circumstances as they exist including the wishes at that time of the Griffin brothers. But, the door shouldn’t be shut, on these young men and they should have the hope that they will see their father again. And that’s a decision the parole board is perfectly capable of making and will not take lightly. The fact that this court providing for the statutory parole eligibility date says nothing about whether he gets out. It just provides that opportunity and it’s not as thought the parole board takes that task lightly.

So I think the thing to do under these circumstances in given Mr. Jensen’s, the other aspects of Mr. Jensen’s life and in particular how his sons feel about him and the kind of parent he’s been and ask the court to set the parole date under which that section 304.06 sub one, and allow the parole board to consider his eligibility at the earliest date and take into consideration at that time, the wishes of the victims.

ritanita: Albee makes me want to puke!

donchais: Yeah, he’s a freakin’ saint.

SKelly63: Skank Jensen takes them to the jail everyday to see daddy.... bullshit, that is a huge lie!!!! I want to just go and hug, and hold David... he looks so sad.

ritanita: The victim wanted vengeance! How can he say that in front of those boys!

SeniorMoments: It's so obvious that this is a heartfelt matter for Mr. Jambois and not just some legal exercise. His passion for the truth in this case is so impressive to me. It feels so honest and real.

LinZbee: Yes, SM. And he gave the judge the right points to remember as he sentences MJ. This tragedy for all could have been so avoidable. Every time I see his son, my heart breaks. I'm sure David and Douglas will do just what Jambois said, and one day they will research the whole case and come to know that Mark killed Julie. I also know that deep down, they remember the love Julie gave them and that will help them face the truth in the future. Love never fails.

Judge: Thank you Mr. Albee. Mr. Jensen, is there anything you wish to say before sentence is pronounced?

Mark Jensen: No thank you, your honor.

Jensen decides not to speak or address the court!

Judge: Well I have sentenced scores of people to prison for murder. And when I assess the entire mountain of facts and evidence that exist in this case, I come to the conclusion that if I were to impose anything less than the maximum sentence in this case, I feel I have cheated the other people. Because your crime is so enormous, so monstrous, so unspeakably cruel, that, it, it, overcomes all other considerations. And Mr. Albee has correctly stated that there are plenty of positive factors in your background. And indeed the Supreme Court instructs us to consider a large number of factors in imposing sentence. But it is certainly the case that some crimes just are so enormous that they overcome them any of the positive factors, and this ghastly crime, is one of them. It is so saturated with malice, I mean it’s such a long standing malice. The persistent tormenting, torturing of this woman during many years.

And then when this affair started, that you contemplated and planned and plotted this cruel method of execution for so long a period of time. The wickedness and cruelty of the matter of death you elected in this case, uh, just speak to the, content of your character. There are a limited number of people who would do something like that and those people are people that we need to remove from society. To protect other people, to make an example of people who would do things like this. And ultimately to affirm the dignity of Julie Jensen’s life. That’s why you’re here today. That's why we as a society collect to dealt with transgressions like this. And I repeat that, I would feel that, when I compare the acts of others, the people who get into a ballroom brawl and pull out a gun and shoot somebody and are sent to prison for life against how you planned and executed this crime, that’s not even a comparison. And as I say, I think I would have cheated them, by sentencing them to prison for life if I don’t impose the maximum sentence in your case. So, unless there is some reason why sentence should not now be pronounced I ask that you now stand for sentence please.

Jensen stands.

EddieHaskel: Is Markie entitled to conjugal visits in prison? Ooh... he's throwing the book at 'em!

Mr. Jensen it is the sentence of the court that your custody be committed to the department of corrections for confinement in the Wisconsin’s State Prison’s without possibility of parole, for the remainder of your life. You may be seated.

THANK YOU JUDGE SCHROEDER!

Jensen’s father appears stunned; his mother I can’t read. Mark is led from the courtroom. To me, Kelly looks well, disgusted.

donchais: She's leaving for the county clerks office to file for divorce.

SKelly63: Go Judge, Go Judge, Go Judge!

ritanita: Judge, I love you! A ghastly crime, full of malice. The torture, wickedness, cruelty of death... speak to the content of Mark's character. Mark looks perturbed. LWOP!

SKelly63: God Bless Judge Schroeder. Finally some justice for Julie.

ritanita: They don't call him BRUCE THE TERRIBLE for nothing!

Skelly63: Now it's time to find out where Julie is buried, so I can go lay some flower's from her friends here.

EddieHaskel: Kelly looks like she's taking it well... now she can hurry home and call her boy-toy.

ritanita: The jurors look pleased!

kathlb: Thank God they gave him life without parole! Even the judge seemed awed by how sick and cruel he was.

SKelly63: Kelly is a shank ass pig from hell

donchais: Such a long haul, so sorry for the kids, but so pleased for Julie and her family! Jambois and Schroeder are to be commended!


The Judge leaves the bench and I can see Jambois speaking in a huddle to Julie's family. Judge Schroeder is out of his is robes and waves goodbye by. David leaves the courtroom. The camera focuses on a head shot of Detective Ratzburg, as the family leaves the courtroom.

CNN.Crime

Our Sister Julie: Memorial site

Some final thoughts for Julie Jensen's family, from LinZbee:

For Julie's brothers and family,

You were so eloquent and dignified in your final comments to the judge (and indirectly to Mark). Your love for your dear sister flowed through the courtroom to everyone there. Many of us who have followed this trial to completion were weeping as we listened to the cries from your broken hearts, and to your tender words reaching out to David and Douglas. I feel confident that one day they will be able to seek the truth of what really happened and remember the loving true Mother they had in Julie Jensen. Those early years that she sowed love and nurturing into their young lives will one day reap a harvest back to honor her memory.

"Train up a child in the way he should go,
And when he is old he will not depart from it."
Proverbs 22:6

Thursday, February 21, 2008

Mark Jensen Murder Trial: Day 32, Deliberations Day Three

Day 32 - 2/21/08

Update 2!
Verdict watch: Deliberations Day Three

9 :10 am
The jury wants Aaron Dillard statement written by Gretchen Rosenke, however, the Judge strikes her name and writes in ASST. DA, Ms. Gabriele.

Albee argues that the Jury will be confused that Rosenke has been stricken. Judge tells Albee tough, the jury is intelligent.

The attorneys want to go back to the hotel and the judge says no, he wants them in the courthouse. If the jury orders food, he will let them go back to the hotel.

Stay tuned!

Commentary Update: 10:30 am
Sprocket here. What the fork is up with the WISN cameraman? Why the quick roller coaster ride around the courtroom every once in a while? donchais thinks it's an actual "service" to us because he's letting us all know he's awake and that we're still really in court.

Donchais would really like him to put up a sign every once in a while, like, "Nothing new here!" Or maybe a weather report, or any silly sign just to entertain her. I guess all those tips in The Verdict Watch Handbook for Dummies haven't helped.

So tell us, how is everyone else staying "sane" out there while we all wait for a verdict? Here's something donchais wanted to share with everyone on jury watch with us.
Update 2: 1:25pm

The jury wants Margaret and Ted Vojt's statements and transcripts. They are not in evidence so the jury can't get them.

CNN.Crime

CNN In Session Sidebar

Wednesday, February 20, 2008

Mark Jensen Murder Trial: Day 31, Deliberations Day Two

Day 31 - 2/20/08

Update 5!
Verdict watch: Deliberations Day Two
The jurors are back hard at work. We've heard nary a peep out of them this morning. This is a stark difference from all the requests the court had yesterday. They've been deliberating about two hours so far this morning, and we continue to wait.

Just to recap for you, here is Intrepid's list of all the exhibits the jurors asked for yesterday:

Ed Klug's testimony at forfeiture hearing in August 2007
Letter from Jambois to Albee, redacted
Aaron Dillard's letter
Transcript of Mark's interview with Det. Ratzburg up to Page 140
Julie Jensen's Autopsy photos
Photo of post-it note in Mark Jensen's planner
Mark and Julie's day planners
Stiffel memo in Mark's handwriting, "Note to school" found in garbage at Stiffel/Nic
Prison note found in toilet
Notes from Julie's log
Photo of Julie in bed
Julie's letter (given to the neighbor)
1991 divorce papers
The photos taken 12/3
April 1999 interview Mark Jensen, redacted
Blank calendar November and December
Julie's resume
Temporary net files
PowerPoint of internet files
Julie’s medical records
E-mails from Mark & Kelly
Letter from Dillard to lawyer, redacted
Julie’s transcripts from school
Evidence from the October, November and December Calendars - redacted (we're not sure about this one)

Stick with us everyone. We will bring you the latest as soon as something happens in the courtroom.

Update: 11:06 am
The jurors are asking for more evidence.

Here is a list complied by ritanita, as to what the jury is asking for now:

Julie's log (phone logs)
Ameritech letters (these were "loose items" removed earlier )
Friend's friendship calendar from Dr. Spiro's cross. (Never into evidence. Can't be used.)

And that's it. We're back to watching the clock. Oops! Not done yet. It's Albee again! Albee asks that the jurors should be told they should be informed that they are free to go past 5 if they want to.

Jambois feels that we should not interfere with jury deliberations.

Albee feels each member should be able to say "enough" when they want. Albee is still trying to second guess what is in the thought of jurors, who might be older and unable to put in a full day of deliberations.

ritanita: He's really pushing for an accident!

Judge Schroeder disagrees, and goes back to explain his experience in prior juries. He does not join in Albee's fear at all.

Albee still comes back with more argument, feeling that each individual juror should have an option to stop deliberations after 8-9 hours. "They shouldn't be at the mercy of the majority."

Judge Schroeder still disagrees. Judge slams on the "older" comment. There is no prohibition to getting notes from different jurors. He's never, ever heard that a juror was held against their will! They went this whole trial, and not once, not a single time late with all 19 jurors.

And then we lost the feed.

Per Jean Casarez:

Ameritech communications.
Telephone logs kept by Julie from 1991-1998
Friendship calendar (denied)
Mark Jensen's medical reports
All of the toxicology reports

I'm not really sure "when" this was argued, but ritanita grabbed it so I know this was discussed:

Dr. Borman's letter re: Mark Jensen was admitted with Julie's but were not sent back.

Albee objects. Borman didn't have enough examination about them.

Judge says he had the chance to do so.

Albee says they are illegible.

Judge.. you didn't say that yesterday about Julie's records!

Thanks ritanita!
Update: 11:45 am
Jambois is going over the tox. reports. He and Albee disagree. St. Katherine's lab mention minerals in vitreous humor.
Photograph of bottle containing Julie's gastric contents.

Jambois wants them, Albee doesn't consider them toxicology reports.

Judge: Dr. Rumack id’d vitreous as a central ingredient to check and Dr. Mainland disagreed with that. If your own expert agreed that this is something the jury must consider, necessity must allow it.

Judge's line of the day... to Albee...

"You have a bushel of apples discussed yesterday and comparing them to the bushels of oranges discussed today."

A chemistry panel must be considered as part of a chemical opinion. The judge quotes Dr. Rumack to Albee again! Albee says Rumack said there are no toxic chemicals in the vitreous humor!

The judge says they ask for "all of it" and they'll get "all of it."

Albee is asked by Jambois if he wants to make a Venn Diagram!

The photo of the gastric contents isn't going in!

Jury has passed the 18-hour mark for deliberations... LinZbee
Update: 3:22 pm
This update courtesy ritanita, donchais, intrepid:

Latest request:

Therese DeFazio's statement - but it wasn't received in evidence so it doesn't go to them

Albee renews his request that the judge tell the jurors - each individual juror! - they can call it a day when they want to.

Jambois disagrees. Says, "Leave 'em alone".

Judge said, "well if they were taking evidence they wouldn't be able to say, 'well, let's go home'". Judge says he's confident that if anyone feels "opressed" they will let him know.

ritanita: I'm sick and damned tired of whiny baby Craig Albee.

Judge asks them to stay in the building in case of question or verdict, and he's scared of the media! The judge is lonely there!

Jambois wants dinner, though!

LinZbee: Judge is reminding Albee how long the average work week was in the olden days - 60 hours average. Get over, it Craig!

Xspectorant: Yep! Another night wasted for Jamb and Albee. No steaks, wine and cuban cigars for dinner tonight!!!

bchand: Can't you just see MJ laughing along with them all, as if he's a normal human being? Yuck..


Update: 4:15 pmdonchais here

At 6:05 pm, CST the jury sent a note to Judge Schroeder saying they want to leave at 7pm and return at 8:30 tomorrow!

They say they have made progress! Whoopie!

The Judge will bring the jury in for the usual admonishment before they leave.

Stay tuned!
Update: 5:10 pm
donchais here

Judge releases the jury with admonishment. Alternates are still with us. Return at 8:30 am CST, tomorrow!

Woohoo! East coast folks, get to bed early tonight!

Sleep tight all you trial junkies!

WISN Live Feed to the courtroom.



Friday, February 8, 2008

Darren Mack Sentencing - Day 2

Guest entry by kathlb

Updated!
Darren Mack Sentencing – Day 2
2/8/07

Playing a CD of proceedings in Judge Weller's courtroom. It looks like Weller is on the stand watching also. Charla's mother crying. This seems to be proceedings in a hearing concerning setting rules for contact between Charla, Darren and their daughter.

Pros: I am making a record. The relevance was alluded to in my offer to the court. This video was admitted to the trial without objection.

Judge: Actually there were 5 videos and I have watched them all. I think it was relevant.

Pros: Judge Weller would you like to read something to Darren.

Judge Weller: Yes. I was standing in my office that morning and I had a sharp burning sensation in my chest. I thought my cell phone exploded, but it hadn't. Then Annie screamed. I said to call my home and dropped to the floor and crawled out of the office. I called my wife then. Deputies applied pressure to my wound. When I spoke to my wife, I wondered if it would be the last time. Then medics put me in to an ambulance. I was losing a lot of blood. When I arrived at the hospital, I was taken to emergency. I had 5 wounds and they couldn't remove one of the bullets. It's still there. The sniper was still on the loose. Our family's lives have changed. We still live in fear that it will happen again. I got a death threat, which made the same worded threats that Mr. Mack did. Five other judges have received these death threats since Christmas like the one I got from Mr. Mack. It says that they will finish the job he started. No one should have to go through this. Our lives will always be changed because of this. We don't go out like we used to.

I tried to be fair to both of them and their child in court in that matter. Darren Mack wouldn't accept that and instead murdered his wife and shot me. He has demonstrated that he is too dangerous to live in this society. Judge I trust you to do the right thing.

Def: I have no questions.

Judge: Thank you Judge Weller, we will now recess for 10 minutes.

It looked like from what I saw, that Judge Weller was being fair to both of them in that video. Charla's mother was sobbing throughout while seeing her daughter on film. From what I could see, I don't think that it bothered Darren one bit to see her on film. He was sometimes smirking a bit, sometimes looking angry and whispering to his lawyer a lot. Just my observation.

Next Witness for the Pros.
Name: Christopher Broughton - Charla Mack's brother

Christopher: I thank the court to address. I am using her birth name since she should no longer be associated with the name Mack. This has been the most gut wrenching and painful experience of my whole life. I had to see the cold dead corpse of my sister. Once beautiful but now cold and shrunken after killed by a butcher. I had to choose a casket and go through this. I had to face this murderer and his family and their absence of remorse and feeling. I have watched my mother suffer what no mother should have to. I feel she will never recover from this. I have lost my sister and my only sibling and a close friend and confidant. My unborn children will never know their Aunt. After her death I began stuttering again...a childhood affliction that affects my life. As we live in a civilized in society of laws and not men, there are sanctions for this type of thing. Your honor I recommend the strongest punishment. Send him to the far reaches of Nevada. May he die in prison. This will not bring my sister back but it's what I want.

Next Witness:
Name: Jan Sampsel - Her father

Jan: I have started this statement in my mind hundreds of times. Every time it's different. Sometimes in sadness and sometimes in rage. Most of the time it's hostile to Darren and his family and his lawyers. No matter how I start it, it ends the same way, my daughter is dead and Darren killed her. I can't bring her back. To me Darren is already dead and so is his family. HE wants everyone to believe that he was threatened by Charla using his own gun. HE murdered her and tried to assassinate a judge. Even now he still tries to justify it. He did it in his divorce case and still is doing it. When his tricks don't work he cries foul by the judge. Then he says he made decisions under duress. He did this in his divorce proceedings and also now in this. Finally when decisions aren't going his way kill the antagonist. He has always had his family covering his tracks. Not this time. The judge probably won't be influenced by any of us. He has made it clear that he will go by the law. I trust he will make a fair decision.

Yesterday Darren talked a lot about Judge Weller and said he coerced him into decisions that weren't in his interest. Then he tried to kill him. He also said the Pros. forced him into the plea agreement and called them all liars. He was talking as passionately about these people as he did Judge Weller. Given the opportunity would he try to kill them too? All of his letters in his behalf said how lovable he was. It's hard to believe a person like that could kill but he did.

I think Darren should be kept away from all of us since no one can predict what he will do. There is also a final reason to keep him out of the public. He killed my daughter. My recommendation is to keep him out of our lives forever.

Next Witness-
Name: Soorya Townley - Mother of Charla

Soorya: Your honor I was one of those lucky mothers to be best friends with her daughter. Charla and I chatted two or three things a day. Charla was a person capable of giving wise counsel to me because she herself was wise. She shared almost every intimate thing about her relationship, which sometimes seemed too much to me. But I valued the fact that she felt she could share with me.

WE were great friends. We conquered every difficulty we ever had in our relationship. We were mostly focusing on creating a full life in the rearing of Erika. Charla and Christopher and I were a united happy family. We were fun to be around and laughed a lot I was grateful to have participated in producing such a family.

Judge Herndon, to give you an example, when we were younger we would dress up in dorky costumes and drive around in a milk truck doing skits for birthday parties. She was the funniest person I had ever known. She wanted to sing country western, but she knew she couldn't do that. So she figured out a way to help others. She wanted to do seminars for divorced couples to help them with their children. She flew to Washington DC to learn how to do this and conduct these seminars. She wanted to bring her father and stepmother into the business also. She always wanted to help her family. She promised me that she would take care of me in my old age so I could pursue my dreams also. Ironically and tragically she believed that she could soften his rage and bring him on board so others could learn from their success in working things out. That is all gone now. Charla had planned on having another child. I have been robbed of that experience. All things remind me of her. I am having health problems over it. I have to take medications. I have a deep-seated depression that is hard to shake off. I feel like my body is weighted down. Several times I have let bills go by because I have forgotten them. I have been forced moment to moment. I loved being alone, now I dread it since I then think about losing my daughter. I used to be independent. But I don't belong anywhere now. I feel that I am not connected to anyone now. I am frightened all the time. I am suspicious of strangers and am afraid of shadows. I never used to have these types of thoughts. People used to say we were alike. I am afraid of that now. I know what emotional torture now.

Friends hear her through me since we are so much alike, how can I separate Charla from myself? I don't know. It's like trying to break off pieces of a puzzle. I can't do it. Our love lives on in spite of what has happened. Day to day I can no longer experience the living action in my life. We were supposed to have a destiny together. Now this man has interrupted it. He decided to play God. (she shouted this at him) I don't know if I will ever be able to handle this.

I have always prided myself that I was always naturally balanced and at peace. Darren has robbed me of that. I feel like a soldier on duty. I have my orders. Darren told me in a letter he has to now clean up the shattered pieces that Charla made of their lives.

I know how many friends of Charla’s are tying to get through losing her too. Darren has hurt so many people on this earth. I say all the time that I can't believe this happened. I got shingles after her death. I also have developed asthma. In all these years I have never been ill, but now I have to. The Dr. said that the muscles around my trachea have been hardened. Interesting that Charla's neck was cut right where mine is hardened. I drag myself out of bed and can't find any reason to get back into my spiritual rituals.

A friend Lisa, can't get over this as well. They were like sisters. They shared everything dancing through life with their children. They had been together since infancy. Her children have been so traumatized they are getting therapy. They are afraid that Darren will come and kill them and hide in their closet.

Another friend of Charla's, Shandra has been with me. She and her husband have been deeply affected by this. Her son used to have outings with Charla. He is lost since she is gone. Others also are affected by her death as well as their children.

Judge Weller and his family also. I suffer for them too. Even her housekeeper still grieves. An elderly couple who used to baby-sit Erica. She can't even see Erica now since it hurts them so badly. There are at least 40 children who have been traumatized by this also knowing she was murdered. Words do not reach this kind of magnitude. I wonder if these children are damaged for life and will never trust adults again. Her grandparents have suffered...her aunts and cousins. They would all be here if the court would give them time.

(Darren whispering to lawyer during this)

We all realize that if Charla could be wiped out like that life is fragile. Darren has betrayed me personally on many levels. I thought he was my friend. Charla literally saved his life when he was dying of spinal meningitis. I also did therapy for a year and cooked for him after that while he recuperated. This is how he paid us back.

I think of her lying on that cold dirty floor of that garage. Charla lying in her own river of blood. I see in my mind how her face looks when the examiner held her up to the camera. All of her lager than life personality was gone. The knife wounds to her legs were so massive and deep it would have taken a long time to get the use of them back. Knowing her child was a few feet away had to be devastating to her. Judge Herndon, this is what I think about all the time.

I grieve for Erica for what has dirtied her life. At age 8 she suddenly had to deal with reality. Instead of having a mommy and daddy, playing and going to school. Now she wakes in the middle of the night screaming with nightmares. It might take her a lifetime to get over this. It's challenging for me to be this honest right now since I know some of the Mack family could use this against me to get Erica away. They might say if I am this upset I shouldn't have her. But I have to let you know what it's done to me. There is nothing that can fill the hole she left in my heart. I see geographic sites ...one side of town is where she is buried...one side of town is where she was killed. Another is where she lived and was finally free of him.

I had Charla at 20. I had to say goodbye to my youth to raise her. All of the efforts of raising her to adulthood was worth it. She was a beautiful woman in all ways. She worked very hard to gain her own truths. Darren has taken all of this away from us in a matter of seconds. It's so much nobler to build on life in contrast to a coward's path that takes it all away in seconds.

Charla was better with children than anyone I have met. I am raising her daughter...she should be here to enjoy that. Why am I here instead of her? I need to be watchful and concerned for Erica daily. On top of all this I must manage her feelings after the trauma she has been through. I haven't had time to grieve fully due to taking care of Erica. I took courses to learn how handle this with her and her trauma. Darren's family have fought me all the way trying to get Erica away from me.

I had a wonderful job in an alcohol recovery center. I loved it and was also going to enter the music business. I quit my job after Charla was murdered. In shock, coming back and moved my possessions. We all knew that Erica was in horrible emotional shape. I started from scratch at 60 in a new job to be the caregiver for Erica. Darren has yet to pay a dime in child support. His mother offered but he told her not to.

There is nothing worse than putting your dead daughter's belongings in storage. I've had to look at Darren's smug face showing no remorse. Charla will never get the opportunity to fulfill her dreams. Your honor I'm asking from the bottom of my heart that Darren receive the maximum sentence consecutively. He is a dangerous person. He needs to be kept away to protect the rest of us. Thank you.

Pros: You brought a CD to play for us?

Soorya: Yes... she was pursuing her career in music and she met a couple in the business. There is a song that she wanted to sing for Darren and I thought it would be appropriate now.

They play the song. She sings very well! It's about being true to her and not straying and not lying to her. And to be a man. The song is wonderful and her voice is too. She could have been a hit. The audience is crying. Darren is crying. She says in the song she will love him forever and all she is asking in return is to be true to her, love her and don't stray. Don't lie to her.

I have to say I have tears in my eyes listening to it. What a sad loss. The lawyer for the prosecution is crying.

Pros. No additional questions your Honor.

Judge: Does the state have anyone else?

Pros. No your Honor.

Judge: We will be in recess for a half an hour and I will give the sentencing.

At times during Soorya's speaking with such pain and feeling, the camera would switch to Darren's brother in the courtroom and he was actually smirking at times. I find that so inappropriate and cruel no matter what his thoughts. I think that this family has been running roughshod over people for years and protecting each other. Just a feeling I get since I don't know them, but it seems to permeate the air around them in my mind.

Back in the courtroom:

Judge: It is time set for me to sentence.

For count one first degree murder and also the second degree count with a weapon.

I deny re-opening the matter of the plea.

I think there are a number of things that bear talking about today. There are people at times unhappy with the rulings we make and they can express their feelings. We cannot discuss it on camera, but it doesn't mean that in making rulings we can't discuss the sanctity of these rulings.

It is obvious to me after listening to Mr. Mack and his family and friends and they will not like what I am about to say. But the propriety of these proceedings is important to all of us. All of us. Those who watch this also. They watch and listen and discuss about these proceedings and they need to know that this judicial system works. I want to address this conspiracy thoughts put out there by the Mack's and their attorneys. I remember Lee Harvey Oswald and those circumstances. Mr. Mack has called everyone a liar in the trial and this hearing, I don't know the district attorney here and I don't know Judge Weller personally. I have watched the tapes and you don't change your personality on tape. People don't always like what you say or do but this does not give you the right to go out and shoot someone because you don't like what they say. I have worked with the Pros. since I have become a judge and others you have called liars too. I respect them for the jobs they do. As far as local law enforcement here they are some of the finest individuals I have ever worked with.

The def. has questioned about what justice is. My views on justice are things that are formulated when I was a district attorney and I carry them over. I don’t believe that justice is about arresting and sending people away. Sometimes it’s pleading to a lesser offenses, sometimes it means a case gets dismissed, sometimes they get sentenced, there are a lot of things that can happen in justice. I have gone through every one of those situations. I have advised other attorneys that they need to be open to all of those ideas. If you can't then you don’t belong in the justice system. Justice encompasses all of those things. The other thing that is important to me is how you make those decisions...simply, you do what is right. You know what is right and wrong and you do it with honesty and integrity when you engage in public service. You are always honest and respectful. Def. attorneys have to give it all they have. Sometimes that involves engaging in attacks on law enforcement. I think that you should stay above that. You don’t go out on the courthouse steps and rant about it. I use these guiding principles as a judge and in making sentences. I don't regret a single decision I have made in the past and this sentence today will be fair concerning the evidence that has been presented. Mr. Mack has been treated fairly even if his family doesn't agree. I don't care who is in front of me, whether they contributed to a campaign or not. I will be fair no matter what. I see a problem when one side or the other loses focus. They harp on how they have been wronged, they see what they want and ignore wheat they don't want to see. It's not that the judges have their heads in the sand often, but that one side or the other does.

Mr. Mack is guilty of these crimes but he doesn’t want to hear that. Because I denied the plea removal, I am supposedly a liar and ignored his facts. He criticized that I suppressed the phone calls and other evidence. But that doesn't mean anything now since I denied his plea withdrawal. He said he didn't get a fair trial even after I moved this trail to avoid any problems. I don't begrudge Mr. Mack for having those feelings but I stand behind my actions fully. I leave that to the people of the state to decide on my actions.

I have considered all of the notes and things from the trail, the notes from the plea withdrawal hearing, transcripts, read all of the letters submitted and considered the notes I've taken over the course of this hearing.

I will say that the fact that he wasn’t interviewed by the PSI has no bearing since he was on the stand 3 hours yesterday and the PSI interview would have only been one paragraph. I have all of the info I need concerning his childhood, his life, his children, his family, his history, his child support status, income, assets, military service, mental health and medical history, a character letter from Dr. Hymen, gambling history, substance abuse history and more. I have all of that information on him.

PNPs recommendation has no affect on me and my sentencing. Mine is the only opinion that counts. Sentencing is wholly my prerogative after reviewing the facts. My wife's opinions are important to me but not when I rule a sentence. It's my decision all on my own. I am comfortable with all of that and my feelings and all of the evidence I have reviewed.

I also considered the feelings of those who testified here on both sides in this hearing and also how it affects a small child involved. Sentencing is an art; it's not a science. There are no rules. It's a discretionary rule for the court. There are 4 things involved.

1) Rehabilitation: Can you rehabilitate them. I don’t see that applying here. I don't see issues to rehab here. These are non-probational crimes here with very serious results.

2) Retribution: This is a strong emotional sentencing theory. Like and eye for an eye. I do not as a judge subscribe to this theory although I understand it. Sentencing wholly on retribution is inappropriate just as letting someone go because they have no criminal history.

3) Deterrence: This is vital in this case. What message this will send to others concerns taking action against the judicial system because you don’t like the outcome and shoots someone. This is very important no matter whether it's the gardener, the grocer, etc. We can't condone shooting people because you don't like how they do their job.

4) Incarceration: That is the pure punishment issue. I have to consider a lot of things. I will commend Mr. Mack for some things. I will commend him for the life he led before this act. I do believe he loves his children, has been a good friend, a good son and other things. I believe he has had admirable traits in the past. I admire his family for standing by him. Bonds of blood are eternal.

I have to balance all of those things against the acts. Regarding the murder of Charla, that was set by negotiations. I know how he feels about that. Life in prison is hard, but there is evidence that this crime was brutal. I found things yesterday in his testimony that totally contradicted what he has said before about how the action took place. I am not buying that he put his knee on her neck because of a dog attack. Some of those things he said just don't ring true to me. But that sentence is set.

I have to balance things also against what his family has said about Judge Weller. I have to decide on his sentence today for that.

There is the attempt on his life and also using a deadly weapon.
Regarding mental health experts, they have referred to his being in a state when he shot the judge. He supposedly was under a huge amount of stress. He was past his breaking point.

All of these things seem to mirror the path that the former defense put forth of Temp. Insanity. I don't know why they dropped that. I have never been involved in a situation where the def. has given me less to go on during this hearing. I was left with them arguing about the plea more than anything. He admitted that he shot the judge, but he never spoke one word yesterday about shooting Judge Weller. He never addressed that at all. I let it go on yesterday to see if he was ever going to address that. He didn't. I know what he thinks of everything and everyone, and all of it was all going to be irrelevant in this case because ............. and it was never answered. No discussion yesterday from them about shooting the Judge. So that brings me back to the issue that Mr. Chesnoff said that Mr. Mack had said that the constitution allowed Mr. Mack to shoot Judge Weller by right. That was never addressed yesterday by Mr. Mack or his lawyers. It was said in trial that Mr. Mack believed that the second amendment gave him the right to shoot Judge Weller. There is nothing like that in that amendment. There is the right to keep and bear arms, but you cannot go and shoot an official because you don't like how they do their job. Since he never explained or touched on that I have to believe he had the right to do that. I believe our forefathers would look unkindly on that when they put that in the constitution. You can remove by elections, impeachment, etc. You can't shoot them. Mr. Mack has a misguided understanding of patriotism. They are those who fight in far-away lands, protect our freedoms, promote and protect a democratic way of life. Those people are patriots. It's not patriotic to shoot a family lawyer judge because you don’t like the way he does his job. A reference to Hamlet entered my mind. He said "to be or not to be......". Some people believe he meant suicide, others think he was talking about do you sit back and suffer or take action against what you feel is oppression. Here I think Mr. Mack felt that he was justified in taking literal arms against those who felt had wronged him. He knew he didn’t have to do that in my mind. He had lost before in one court and won in another. He knew he could appeal any decision from past experience. He still took action with a weapon instead. This was 19 days later also. He had time to think about it. Mr. Mack's actions in my mind showed a disregard for the functions of the branches of Government checks and balances. I wanted information and even testimony by mental health experts. I didn’t get any of that.

Two women challenged some judges years ago. They also hadn't been in the system long. They got the judges bounced. The power of law enforcement in Government with checks and balances works. No one has to shoot them to get them out of office if they feel they don't deserve to be there. There have been people's initiatives that have been passed that have actually changed laws. To suggest that people can't do things within the law to change things is foolish. It can be done. Others have been removed from office, I have done this myself, and to suggest that shooting is the answer is misplaced and misguided. Our forefathers had in mind the checks and balances, not the shooting of others.

I have come to the conclusion that these sentences are going to run consecutively. These two acts were separate and involved extreme violence. He shouldn’t be rewarded by concurrent sentences. How long in years, well that’s that hard part for us always. There are so many people to consider. Children involved, parents involved. The best thing he could do was to say what a horrible tragedy. I think he tried. But he never said, "I'm sorry". Never. He said it was a terrible tragedy, but never that he was sorry either over killing Charla or shooting the judge. I let him go on and on waiting for that and it never came. Despite prodding from his lawyer to say whatever he wanted, he had time, he never once said he was sorry. Finally he said he didn’t know what else to say. It wouldn't have gotten him exonerated, but it would have been nice. It would have been appropriate; it would have shown just a little remorse. I feel you are not sorry Mr. Mack. Saying I wish that had never happened doesn't remove your culpability. To not be able to express remorse for that when you have inflicted that type of pain is horrible. To not be able to express remorse is a dangerous thing. It deserves severe punishment in my mind. I commend the victims’ families on how they persevered through these proceedings. For their dignity and respect through these proceedings and their conduct in this court of law. Mr. Mack this sentence will speak to you for the error of your ways and how the system of checks and balances works in this court.

In addition to the $25 assessment and the $150 DNA analysis fee…

Count one:
Life in the Nevada state prison system with the possibility of parole beginning after a minimum of 20 years.

Count two:
A maximum of 240 months or 20 years with a minimum of 96 months or 8 years for the attempted murder
And a maximum of 240 months or 20 years with a minimum of 96 months or 8 years for the use of a deadly weapon, count two to run consecutively to count one.

Restitution:

I will grant restitution in the amount of $16, 529.16 for the monies paid out for Judge Weller’s medical bills. I will also grant restitution in the amount of $12,289.29 to the county for the property damage to Judge Weller’s chambers. I cannot award restitution for the county hiring security during that time and I can’t award restitution for the shrapnel in the secretary and her medical bills. It is also understood by me that Charla Mack’s family does not want any money for her funeral and arrangements. There will be 595 days credited for time served. I will say that it is not my job to decide where he will go. That is a prison classification matter and will be decided by the Nevada State Prison System.

In closing..
I am certain there will be appeals. But I hope there is some closure. It will not remove the stain on this county, but this part is over. I hope you can move on with a feeling of some closure. I also want to say, with regard to Erica Mack, (judge has trouble with his feelings and has some tears here) it seems there are two ways to go. You have a young child at a very impressionable age that will head in to her teens. You can choose to raise her with fighting or you can try and get past these cases and trials and be a bigger person and try and raise her with knowing the good things about both of her parents. She needs to be raised with hugs and loves, not fighting. A child without a mother and a father is going to need a whole lot.

With that the court will be in recess. Thank you very much.
_______________________________________________________________________________
Personal thoughts of Kathlb:
Having watched the trial and now the sentencing hearing over the past months as well as reading articles, I have some thoughts on how this went and ended. I have felt for some time that Darren Mack is a habitual liar. I know the judge said that he felt he had led a good life up until this point, but I feel that these types of actions by a person don’t drop from the sky with any prior thought or action. I feel that Darren’s family is a close one and has been that way for generations. They are about being close knit and protecting each other against outsiders. I feel that they are all protecting Darren and Darren has probably been involved in that protection in the past with other members of his family. It’s how they are. This isn’t always bad, but can be so if as in this case, it attempts to get a family member off after they have committed a horrendous crime. At first, in watching his mother in the audience during trial, I felt she was unconcerned about anything other than protecting her son. After hearing her on the stand and also hearing Charla’s mother say that she offered to pay child support for her Granddaughter and Darren forbid it, I feel that she does have a good heart in there. It is just unfortunately overshadowed by her strong need to protect family no matter what. His brother seemed smug, uncaring about Charla’s family and cold, even smirking at times. I hated that and it colored the whole family’s presentation to us watching. I think that Darren killed her with premeditation as he did in the shooting of Judge Weller. He was driven to make himself right no matter the consequences. I also feel that he is smug to a fault in thinking he is above the law and can get out of anything by using his words and supposed brains. But he isn’t as smart as he thinks he is. He contradicted himself many times, tried to tap dance when that was pointed out to him and showed no remorse for his actions. He is a dangerous man. In my mind a true psychopath. The definition of a psychopath from Webster is … “Broadly speaking, they are people who use manipulation, violence and intimidation to control others and satisfy selfish needs. They can be intelligent and highly charismatic, but display a chronic inability to feel guilt, remorse or anxiety about any of their actions.” To me this fits him perfectly. He is where he belongs and I hope he stays there for many, many years. I feel for his family and his children. It will be hard for them even if everyone puts their feelings of dislike for each other aside and present a loving front to them and especially the youngest. Just my personal thoughts and I hope I have helped some a bit by trying to transcribe this hearing. Thank you for taking the time to read it. Please ignore any mistakes as I was typing as quickly as I could and may have missed a term or two.

CNN In Session commentary by Jean Casaraz


Update: 8:30 pm
Poor Darren Mack. He wasn't aware that in taking the witness stand in his own defense, he would be under cross examination. In this video capture, you can see Charla Mack's brother was clearly delighted about Mack's predicament.

Special thanks to Sedonia Sunset for uploading the clip to YouTube.

Thursday, February 7, 2008

Darren Mack Sentencing - Day 1

Guest Entry by kathlb

Darren Mack Sentencing
2/7/08


Darren and lawyer talking at the table. Darren is smiling and going over papers. Checking out the audience.

He is in shackles. Now he's getting water to drink. Hey, let's get going.

Judge enters.

Judge recognizes everyone's names. He clarifies that the motion for a stay was filed and the Supreme Court denied it. He also received two large packets of support letters for Mack from the defense.

Judge received a message last Friday saying that there were not going to be any experts called to testify about his mental state. This may shorten the hearing to one day.

Defense now trying to sneak an expert in and judge is not going for it. He said this is only for family members statements now, not experts.

The expert that the defense wants to call for Darren is Dr. Hymen. Pros. said they were not notified. Defense said they knew about him and talked to him on the phone. This affects Charla's propensity for violence. Judge said this is for sentencing not for expert testimony on this type of thing. Defense is still arguing.

Defense is reminding judge that he said they could present witnesses to speak on his behalf. Judge said not for testimony pertinent to anything other than sentencing. Prosecution is arguing against it.

Prosecution said that there is no ruling that will allow a witness to come in for Mack and trash Charla.

Judge denied the Def. request for this witness. He also said that they didn't even give the Pros. notice of this expert so they could call someone on the Pros. side. They didn't give notice...so it's denied.

Charla's mother is very upset in audience.

Mack's girlfriend sitting listening to judge with her nose in the air.

Defense still arguing. Judge says his rulings at the time of trial did not allow for this expert to testify or attack Charla. Denied.

Judge reminds that witnesses speak under oath. Mack will not be required to take the oath before speaking.

Pros. says 4 witnesses
Townley
Judge Weller
Charla's brother, Christopher
Miss Allison

Def says 12 witnesses and may have more:
Judge said that may be too many. He meant family.
Joan Mack
Joey Mack
Alisa Biddison
A cousin


Judge said he will allow two more besides family for Mack, no more.
Defense is still arguing for more witnesses.
Judge says no... there is no need to drag it out that long. Two days are not needed now since there will be no experts.

Pros. says that is the way he understood it also and it has been discussed with the judge and everyone. Judge said he didn't want reports from doctors; he wanted them to come in before this.

Def. said they understood he could produce anyone they want. They still want Dr. Hymen.

Judge said he could have been called before this. This is not the time to litigate the motion to withdraw plea. He said that Mack testified he understood it all at that time; he had it explained to him. Judge says no Dr. Hymen at this time.

Pros. Lally gives statement:

What is the appropriate sentencing on count two and will it run concurrently or consecutively.
Should get 40 years and also they should run consecutively.

Pros. said a man was shot and almost killed. Judge Weller. This was an attack on this judge and while he shouldn't be more important because he was a judge, he became involved due to the fact he is a judge. Going over points in the Nevada constitution. This case represents a direct and violent attack on the state and judiciary in this case. What does this call for in this case?

Justice Black has ruled that the state cannot be bullied or this type of crime against the judiciary should not be tolerated.

The defendant has done good things in his life, his family loves him, he is a good businessman. Does he deserve some consideration for this? Yes and he was allowed to enter a negotiation plea. That is all he should get and he got it.

The court should consider these things when sentencing:

Judge Weller has been victimized by Mack and also since by the press.

He cannot legally comment on those cases so he is hamstrung.

Mack maintains he is sane and that the constitution allows for the assassination of judges.

Pros. said it does NOT. This should be dealt with strongly. This all involves count two.

He states that this was a first-degree murder on count one. Premeditated as well.

Evidence of the "To-Do" list shows premeditation. The photos showed the note was on the kitchen table in a makeshift office. It was on the bottom of a stack of papers showing it wasn't done after the fact. He lists the items on the list.

The thought also entered Mack's mind to kill Sean Meader if he had seen him that day.

The timing was important of events that day. Pros. shows images to the court with time and date stamp on them.

First image:
This is after Dan saw Mack with a towel wrapped around his arm, blood on the dog. Image shows Dan's vehicle leaving with the daughter to get her out of there. (9:48)

Second image:
Defendant's vehicle leaving 15 min. later. The Pros. learned from talking to witnesses some things about Mack.

One, that he had been cut by Charla and dressed the wound. He took his clothing off and showered. Dressed again and redresses his wound. Put a glass in the dishwasher.

He thought about running to the mountains. He packed a suitcase.

They knew Charla's body was moved. He rolled down the window in the Lexus, Charla's vehicle. He moved the Lexus, then the jeep. He put the knife and pistol into the Ford. He loaded the Ford with the assault rifle that he shot the judge with. He tried to clean blood and hair off of things.

He wrote this list (according to Mack) then. Def. said there was not time to do all of that in 15 minutes. The list was done before hand.

There is no suggestion of self-defense. They tried to portray Charla as a killer. Mack claimed that she was an expert in Tai Kwan Do. If they had been able to present a case in trial, they would have called her instructor. He would have testified that she accidentally broke Mack's finger in front of him practicing and they all laughed about it at the time. No malice was there.

Video will show that Mack is the aggressor in the relationship. Wants the judge to consider the fact that her head was almost severed and he drug her around on the floor. They also learned how Mack placed his knee on her neck as she was gasping for air. He also has shown no remorse for killing Charla or shooting at Judge Weller.
Pros. thinks this is very telling. No emotion on Mack’s part for any of it. He methodically describes what happened when questioned.

Victims are also Charla Mack's family including his daughter who will never have her mother back.
Judge Weller's family who wonders if he will return from work each day.

The secretary who has to still sit in front of that window every day where the shot came from and put shrapnel in her neck.

Pros. asks the court to give him 40 years to run consecutively after first count's sentencing.
End of Pros.

Defense asks for more witnesses. Judge says maybe, let's get started.

Defense:

First witness sworn in for Def.
Name: Corey Schmidt -- cousin of Darren

He has known Darren all his life.
Thoughts about growing up with Darren. Darren has been a great part of his life. He can't remember anything bad Darren has done to anyone. He was a life coach and loaned people money.

There was a cabin his parents and Darren's parents built in Lake Tahoe. They went there a lot together. Lots of family gatherings.

He wanted to go to Reno and start a business...Palace Pawn shop. His parents divorced and it didn't happen. Darren went to work for the pawnshop. Corey went into the entertainment business.

He went to a karate tournament in Reno. He went to the cabin and his father wasn't there as he should be. He searched for him but couldn't find him. Then they opened the closet door and found his father had taken his own life. He called Darren. Darren told him to call 911 and came to be with him. They helped and loved him through the hard time. Darren stayed with him to comfort him. He wants to show what a good man Darren is.

He moved forward in his entertainment career. He was happy and Darren was happy for him. He became a top cruise director for Carnival Cruises. He called Darren numerous times for advice. Darren helped him. His career failed and Darren and his mother asked him to manage the pawnshop. Darren helped him get a home near him. He has cherished memories.

After the killing, things have been so hard. So much has been lost to all. Many come into the store since then and say how Darren helped change their lives in a positive way. He hopes that the judge places Darren in Carson City so his children can see him. He thanks them.


Next witness for Def:
Name: Alecia Biddenson - 38 years old, Major in the Army. She prepared a statement to read.

She has known him since 2006. She cares deeply for Darren and his children and family. States he did not plan the events of the killing. Her life is changed also due to events. She believes in God and trusts in Him. She prays she makes a difference in the lives of others.

She will share this hard time with Darren and his family. She represents herself with integrity. Others have said she is highly credible by those in the media and legal community. She has no reason to lie. She is actively trying to achieve judicial reform in Nevada.

She wrote a letter to Darren's Mom. It said that she described how she met Darren on the internet. How they worked together on judicial reform. She opened her heart and home to Darren because he is so caring. He always spoke with love and appreciation of his family. He was an involved father. She hoped to meet them someday. She hoped that the letter gave them some comfort.

She has now developed a relationship with his children. Each child supports their father. They all want to maintain a relationship with him. If they send him to the far reaches of Nevada they won't be able to visit him easily. She has never been told about a negative experience anyone has had with Darren. They tell her not to give up. She asks the court to consider the letters of support he has gotten for Darren. Also, the witnesses today. Darren has no history of this type of ting. It will never happen again. To say he has no sorrow is a gross misrepresentation of the truth. The judge must sentence him to the minimum with concurrent serving.


Def. Questions:
Have you seen him interact with his children"

Alecia: no, only what they have told me

Def: Do you know if Darren was afraid of Charla?

Alecia: He said he was.

No further questions.

Next Def. Witness:

Name: Lori Alexander - Has known Darren for 34 years.

34 years is a long time to cover, but she will try to do it quickly.

They met when they were 13. He is one of her best friends. Hard worker, compassionate, loves his children. Wants to get the most out of life. A peacefulness is in him. He has never said anything negative about anyone.

She left Reno but came to visit. Then when she moved back she stayed with them. Her husband died and Darren was there for her. He checked on she and her children often. When her mother died, he helped her also.

She could say more but she says that she is the person she is today and lives her life well because of her friendship with Darren.

Def. questions: Is he sensitive to other's feelings.

Lori: yes

Def. Have you seen him violent ever?

Lori: Never.. not even angry

Def.: Have you ever seen Darren take the high road and not react in anger with others?

Lori: Yes, he is a talker, a man who reasons. He doesn't ever say anything negative about anyone.

Def: Do you have experience with Darren and his wife and the divorce?

Lori: Yes, he never said anything bad about her to me. Didn't discuss any problems.

Def.: Did you see him interact with his children and if so how?

Lori: He is an excellent father and they mean more to him than anything. His main concern in his first divorce was his children's welfare.

Def: Do you know anything about him that would lead you to think he would perform a violent act?

Lori: Absolutely not.

Next Witness:

Name: Joan Mack - Mother of Darren

Her husband died 22 years ago. Darren helped her by taking over the family business.

She could go on all day, because she was the first one introduced to her son. First child.
A wonderful experience in your first child. As he went through life as a young child, he wanted to learn and read even before going to school. He was a challenging person to teach and guide. He was sickly so she spent a lot of time with him as he grew. She had to work, but they always did everything together. They had dinner every night together. If they were invited out, the children went also. They were also included in their business. They were a mixed marriage and when Darren went into the hospital at 13, they asked him what religion he was. He said how was Mormon, Catholic, Jew. (Darren laughs at this) They were allowed to follow any religion they wanted as children. They all always believed in God and prayed every night.

As he grew he always helped others. The house was open to the children's friends if they needed somewhere to stay or whatever. In her father's family the children had to contribute to the family since they had 8 children. Her mother's family were Catholic and loved all of their grandchildren also. She thanks the Lord every night for her family. Darren went to work in the store very young. When his father died he took over the store so she could do some things that she wanted to do for relaxation.

Def.: Would you say that Darren is the type to help others or have you seen him violent?

Joan: My father always told us not to be violent but defend yourself if you had to. Darren got into a few fights in high school but usually he walked away. He got that from his father.

Def: When I first met you, you told me that you had never caught your son in a lie until you saw him take the guilty plea. Is that right?

Joan: That's right. He never lies that I have ever known. When he took the plea, he was very confused. He was lying when he took the plea.

Def: Was Darren concerned about Charla's violence?

Joan: I never knew what he had been going through until after this happened and I learned about it. I loved Charla and she was a wonderful mother. I thought they were happy. Then they had troubles.

Charla would come over and talk to me for hours. I tried to guide her in ways to help her get along with Darren. Charla said he wants to leave me. Joan told her that sometimes people were good people but not good together. She talked to Charla about a divorce and she tried to convince her to talk more and negotiate so they didn't spend a lot of money on lawyers and the court system. But Charla went with her attorney and the court system. So Joan stepped out.

Def: Darren just told me that you had a conversation with Charla where she said that she didn't care about money, but she wanted him to pay in other ways. Did that happen?

Joan: Yes, she said she wanted him to pay. But she wanted money also... her lawyer told her she should get what she deserves. Joan told her what she deserves and what is there, might be two different things.

Def: Can you say that you have seen him violent like he was with Charla as charged?

Joan: No of course not. He was always talking self-defense.

Def: Was he a good father?

Joan: Yes and so was Charla a good mother. To all of the children. Darren was fortunate in finding women who were wonderful mothers. He still has an insight with his children and a communication with them that's amazing.

Def: Were you here when you saw a photo of Darren naked with his daughter.

Joan: I was but I didn't look. That is nuts.

Def.: Did you think it was inappropriate?

Joan: NO... she was a baby. I don't understand that. Charla took the photo. If we were in Europe, it wouldn't mean anything. That's insulting to show that like the prosecution did.

Def.: Do you think the pros. has been insulting to Darren?

Joan: Yes, it's hurtful. He has admitted to killing her and I can hardly believe it knowing the type of man he is. His little girl needs to be protected from this. The media wanted to get on the bandwagon and it got out of hand in the media. I had to get lawyers to protect myself from the media with my son.

Def.: Would you like to see your son get a jury trial?

Pros. Yes, it's all he's ever wanted; a jury of his peers.

Judge: How many children does he have...their names and ages?

Joan: She tells him. When he started his divorce with Charla, he came to me and asked me to come back into the store so he could concentrate on that.

Judge: Is he a college grad?

Joan: Yes, he was also a good baseball player but he got hurt and couldn't play any more.

Judge: Thank you that is all. We will now have 10 minute recess.

Next Witness:
Name: Gary Silverman

He is a lawyer in Reno. He practices Divorce law. He knows Darren for a long time. He represented Darren in the divorce against Debra Ashlock.

Judge: Mr. Mack do you waive any client attorney privilege?

Mack: Yes

Silverman: I represented Darren in the divorce which went on for three years. We fought with Ms. Ashlock for three years. I thought she was the most cunning and ruthless person I have ever encountered.

Pros.: I object on this your honor.

Judge: Proceed but try and keep it to the facts.

Silverman: We were trying to keep her from relocating during that proceeding. During that time Darren wanted to always do the right thing. We had several moments in that case, during which the client had to make a decision to follow the high road. Darren always did. Darren and Charla were seeing each other during that time. She attended some of the conferences and we all went to dinner sometimes.

Def: When Darren made factual statements could you rely on them?

Silverman: Usually you can't trust your clients. They will not always tell you the truth. We never found Darren to lie to us.

Def: Would you say that it's unusual to have a client like that?

Silverman: Not unusual, but not routine.

Def: What was Charla like?

Silverman: She was smart and really, really cunning.

Def: Have you seen Darren lose his temper?

Silverman: I have seen him angry...dealing with Ms. Ashlock, it was hard not to. He always kept his cool as much as possible.

Def. Was Darren ever afraid of Charla?

Silverman: When we were working together they were so much in love. But about a third of the way into the marriage Darren came by the office and told me that he was afraid to go to sleep because he thought that Charla might stick a knife in him. She loses it and has a terrible temper. He said that twice to me. Two different times. He was very afraid of her.

Def: Is there anything else you want to say?

Silverman: I don't know what happened; I understand there is a guilty plea and that the court is going to decide a sentence. Your Honor, I feel that Darren Mack is worthy of redemption and he's a kind soul. And if God created this world with mercy and this is where is should be applied. Charla was a good gal and he killed her but I know you'll do the right thing.

Judge: Had the divorce and Ms. Ashlock already occurred?

Silverman: Yes, I didn't represent him in that...but in relocation proceedings where she wanted to leave the state.

Judge: You lost that right?

Silverman: Yes, but we delayed the verdict for a while.

Judge: thank you that's all.


Next Witness:

Name: John Metzker

Def. What type of businesses do you own?

John: Gaming clubs in Las Vegas and Reno.

Def.: Are you a friend of Darren’s?

John: Yes. I will tell you about the Darren Mack I know. I met him out of college at a gaming house. We worked together over the years concerning downtown businesses. I spent time at the store he ran and came to know everyone. He was a fair boss and employees were content. I bought jewelry there and always had good results and good follow-up. Darren was fair and insisted on honesty. I think this was instilled in him, by his mother. This is the businessman, but the other Darren is a friend.

We traded books since we both read, talked about our families. I talked with him last while he was in jail. He fully believed that he would be acquitted. I think that's why he came back from Mexico. I came to know him well, like a father. I have never heard him speak ill of another person. He turns the other cheek. He loves all children and is ethically honest. He laughs a lot and is a good father. He is a well-respected member of our community. I hate to have to be here but I wanted you to know him as I do.

Judge: Thank you for your time. You can step down.


Next Witness:

Name: Joey Mack - son of Darren - age 19 - California State Univ.

Def: Do you love and respect your father?

Joey: Of course. June 12 was the absolute worst time for me. I lost my step mom and can't spend time with my Dad. Not being able to hug your dad or say goodbye to your step mom is the worst thing in my life. (Tears flow) I have always respected him. He has helped so many in and out of the pawnshop. His main focus is to help others. He also spent time working in the Landmark unification program. I saw lots of people's lives change due to this. Mine too. I used to fight with my sister and now we have a great relationship and that's due to my Dad. I saw him help others in this course also. One old man didn't like him...he said he didn't like him after the course. My dad sat down with him and they talked and when they were done, he was smiling. He spoke to me when he left and said it's because of your dad that I now realize what I was doing wrong in my relationship.

He was under a tremendous pressure from Judge Weller. He said you have no idea how it feels to work your whole life and then due to an order by a corrupt judge you can't send your kids to college.

I loved my step mom. But Dad told me not to go to her house because he thought she might hurt me to get to him. I did see her haul off and smack him in the face at an airport.

One time her dog jumped on me and knocked me down and was licking me. She jumped on me and screamed not to ever hit and do that to the dog again.

She has screamed at others too. I feel really bad for her family and I loved Charla too and am so sorry for your loss. (Directs his words to Charla's mother) I think I can step back though and since I loved them both I can see things as they are. I know you, her family, are in pain and I think you are just finding someone to blame and that's my father. I understand that and I'm sorry for you.

Pros.: I object to him talking to Charla's mother your Honor.

Judge: Please just keep your statements to your feelings about your father.

Joey: Okay. I ask that my father just get the minimum because he needs to be out helping people. I also want to show you some pictures of he and his children. I love my Dad and I can't even think about going through my life without him. (more tears)

Judge: Is this your sister in this picture?

Joey: Yes.

(both son and Darren are crying)

Def.: Is there anything else you want to say?

Joey: I could go on and on but I've basically summed it up.

Judge: Thank you Mr. Mack, here are your family photos back, you may step down.


Next witness:

Name: Landon Mack - Darren's brother

Def: Would you like to talk about your brother?

Landon: That's a tough act to follow there. I just want to discuss qualities of honor, integrity, truthfulness...a lot of big works. But to speak of this in a system and use those terms with no reference of anything like that in this system is hard. I am upset with this Nevada court system. Those aren't just words. They are instilled in you. People can use them and live by them or just use them as words. So far, all I've seen of the court system is that they are just words with the courts.

Def: During your growing up have you ever seen your brother torment anyone?

Landon: Being brothers, we tormented each other often. But others, no.

Def.: Is he honest

Landon: Yes

Def. Is he respected by others and members of the business community and given loans on a handshake?

Landon: Yes. It's always been that way with our family. They know they will get their money back. It started with my Grandfather and still goes.

Def: Do you know Bob Tapadino?

Landon: Yes, Darren went to him and told him he was having to declare bankruptcy. He was left with nothing after Judge Weller's ruling. He is going to help him.

Def.: Have you worked with Darren in the pawnshop?

Landon: Yes, he helps others and those who are homeless. He would give money right out of his pocket.

Def: Have you ever seen Darren be violent with a woman?

Landon: No. I have seen him with a lot of women while we grew up over the years (names them) and never was he violent.

Def.: Is there anything else you want to say?

Landon: It's just a surreal thing. It's been a very appalling adventure watching the prosecution and judges and attorneys who have represented him -- trash him.

Def: Anything else?

Landon: No

Judge: Okay we will now take our lunch break and get started again a little before 2 pm.

Darren led out of the courtroom in chains and handcuffs.

Court resumes~

Pros: Judge I don't understand, the Def is attempting to serve Mr. Freeman with a subpoena, I don't understand this and ask that they can't do this.

Def.: We may or may not call him.

Judge: We will have to wait and see the proffer of truth. We shall see after that.

Def calls next witness:

Name: Mark Stone

Def: You live here in Reno and know Darren?

Mark: Yes I've known him for 4 years.

Def.: Please go ahead

Mark: Darren is a graceful and exuberant friend. I am thankful for everything he has taught me and shown me. I am afraid of the things I will miss out on if he is now here. I know he influenced me and helped me become who I am.

Def: What involvement did you have with Darren?

Mark: I worked for him for three years and he taught me everything I know in business in gemology. He has influenced me greatly.

Def: Did you work with him here in the store?

Mark: Yes

Def: Anything else you'd like to say?

Mark: No

Judge:You may step down


Next Witness:

Name: James L. Kelly

Def: What do you do for a living?

James: I am a lawyer

Def: Did you ever come before Judge Weller?

James: Yes, I had a divorce case before him.

Def: Can you tell us about that?

Pros: We object Your Honor, can we approach?

Judge: Yes

At the bench with Judge, Pros and Def.


You are excused Mr. Kelly.

James: Thank you


Next Witness:
Name: Darren Mack

Def: I'd like him to have some documents your Honor

Judge: Okay

Def.: Darren I'd like to begin by saying you heard the testimony by Gary Silverman, the former divorce lawyer. Can you explain if he was going to testify at the trial?

Darren: Yes, but he backed out and said he wouldn't come forward and say anything good about me.

Def.: Anyone else?

Darren: Yes, they told me Lori wouldn't come forward either. I didn't believe them. My mom is still getting letters from people who want to come forward on my behalf.

Def: Let's start about your trip to Mexico.

Darren: First of all the nice things that my family said about Charla Mack I want to reinforce about her. My children loved her and I endorse all the good things about her. There was another side that not everyone was aware of about Charla. I don't want to sit here and say there was nothing nice about her, just as there are two sides to me also. I have lived my life for 47 years trying to enforce my truthfulness. There are so many things the Pros. have twisted and lied about me that I felt I need to set the record straight. They are all liars. They have tried to paint this, as it not is.

Def: You are fully aware that the Pros. is arguing that both of these things were premeditated.

Darren: Yes, I was forced into that plea. I had $700.000 in a pre-pension plan. I had to go to Smith Barney and I could have gotten $400,000 out of that account. About the bag... I don't know of anyone who can get together all of the Tupperware containers back and then murder someone. She asked me to get the Tupperware back.

Def. Tell me about the hearing with Judge Weller.

Darren: He enforced my paying against all law and reason. I said I would take care of her but let me go back and do that. Weller said now that I have ordered you to pay a million dollars now go and sit with Charla and negotiate. He also said to me "Do you want to go forward with this or just fight?" Which was prejudiced. Weller then took that back. Charla stood in front of the judge and said she was afraid and I threatened to killer. All this was happening in the courtroom at that time. When we left my attorney said, if you ever had a chance to get out of Chuck Weller's court you have an opportunity due to his comment about wanting to fight. This was the first time I had a ray of hope to get out of there and my other lawyers were convinced that I was going to get the things overturned and get a new judge. This was the first time in a year I felt relief. He had already forced me into Chapter 7 bankruptcy.

Def: You were ordered how much to pay at that time?

Mark: The truth is $44.000 a month was my income. Charla had no income. Weller said you refuse to give her that bit when you make that much money? He goes on to describe their income, which amounted to him being left with a bit each month. It forced him into bankruptcy. I lost my storage units; I lost a ton of things.

This was portrayed in such a way I couldn't wait to take the stand and clear up these lies. His orders were outrageous. After bankruptcy he wouldn't change the money figures either.

Def: What about supervised visitations?

Darren: At our first meeting it was off the record. So was my being forced into a plea...but it was off the record. I sat down with Charla and lawyers to discuss custody and who would live in the home. Weller said I will tell you what I have decided and you can try and talk me out of it. I pleaded with him to change the amounts. I begged him not to take me down financially. He said he was going to do it. I decided that if it came to money or my children, I will take being with my children. Weller said to Charla, I'm going to give him enough rope to hang himself. If he doesn't follow procedure, you come back to me.

Charla also threatened to kill my first wife. Another person also heard that. And she has threatened my life. I think she had borderline personality. Which explains the wonderful person she was but also the person she was behind closed doors. I asked for a drop-off for my daughter at a neutral. Weller said no, you will go to each other's homes to pick up and drop off. She also was going to tell everyone I was abusive to her during the marriage and I was told she would win even if it was a lie. A mutual restraining order was going to be filed. It wasn't filed by Sean Meader.

Def.: On June 12th were you looking forward to seeing your daughter?

Darren: Yes, we were going to camp and frog hunting and celebrate Father's Day the next week. I was expecting Charla to drop off my daughter that morning.

Def: What about Dan not being in your life much?

Darren: I hadn't seen him in 20 years and he hadn't been there that long.

Def: Charla came over that morning right?

Darren: Yes Erica came over with Charla. Dan was there too. Sparkles the dog was with them too.

Def: Darren, you run a pawn broking store right?

Darren: I run a number of them.

Def: You have a concealed weapon permit right?

Darren: Yes, I was the youngest person in that area to have one.

Def: That morning did you pick up a Derringer from your mother?

Darren: Yes, I was supposed to go shooting with Mark Stone to get our concealed weapons permit. I needed that gun to carry a small weapon in my shorts since it was summer.

Def: That gun was the one that Charla used to pull on you right? And what about the hair?

Darren: Yes... Her hair was caught in the gun and when I removed the gun from her hand, the hair was stuck in it and it was bloody. I asked my attorneys to locate the gun.

Def: Why did you come back from Mexico?

Darren: I came back to deal with the situation and tell the truth. I was concerned that I would ever get a fair trial, but I came back. I also came back to make sure that this didn't happen to other people. I wanted the truth to be told. I made arrangements to turn myself in. The other thing was that they didn't have any leads. I knew I could tell them how it happened.

Def: You went to Mexico and got some money from a friend and had no tickets to another country?

Darren" This wasn't a plan, it wasn't.

Def: When you came back were you informed that if there was a death penalty on the case that Mexico wouldn’t turn you over?

Darren: Yes, but I wanted to come back and have the truth be told. I spoke with one Mexican attorney.

He is criticizing his old attorneys now.

Darren: When I got back I talked to my attorneys and my mother and my brother and arranged to handle my turning myself in. Until someone has been through the forced plea thing you don't understand. The lawyer lied about my phone call. He picked and chose what to play from that call. The DA is illegal in recording me.

Darren is criticizing the former lawyers again and what they told him and how he feels they tricked him and lied about many things. He fired the first lawyers and his brother hired Chesnoff and the other. He said I don't want any deals; I want to take the stand.

Def: If the judge gave you the chance for a low sentence would you take it now and accept a plea?

Darren: No. If he offered me one year, I wouldn't take it. They told me I had to take the plea of murder; I had no choice. It wasn't a "factual" statement of murder.

Judge: We're getting into some litigation things. We need to get back on track on what Mr. Mack thinks a sentence should be thank you.

Def: We're going to be arguing that I have never had a client that wants to withdraw his plea.

Judge: I understand that but you are going back through things that have no bearing on this sentencing.

Def: He wants to address what he feels is material in these statements.

Judge: He has addressed this before. Now is the time to tell me about these two events and the sentencing, not the fact that he wants to withdraw his plea.

Def: I don't think Darren was allowed to contradict the testimony of his lawyers.

Judge: It was your decision to put him on first. This is NOT the issue for sentencing, move on.

Def: Okay. Darren, talk to us.

Darren: I think I started that this was all about disparaging Charla Mack. It's not. It's about telling both parts. The one I fell in love with and married and the other one too. We're missing some things... I lived with Charla for 10 years. I know about her good side. They don't know what went on behind closed doors. She had threatened my life. She had a disorder. Someone can be brilliant and help others and still have this black side that no one knows about. I don't want to take away from the good about her. But there is the other side, I saw her do this to my first wife and her husband. She wanted to destroy Debbie. I told her it wasn't about that; it was just about the kids. I want the whole truth to come out. She had no governor on her feelings. She overreacted. Normal people don't do that.

I went to the police twice, I went to the battered woman's shelter. I spoke to Judge Weller, a police officer, the governor's wife...lots of people about this for help. She told me to get an attorney and try to deal with it. I also spoke to some senators about this judicial thing. Our legislation is out of whack. We need to change this. Weller is committing extortion in his courtroom.

Pros: This is not fair; Judge Weller is not allowed to respond.

Judge: I understand, but publicly someone can talk like this, as judges we have to have thick skins. Mr. Mack, go ahead.

Darren: (to Pros) were you in the room with me when Chuck Weller when he threatened me? You have no clue. There are suits filed against him. He has broken election laws; he has tampered with a juror. Why would we want to hide this and harm our citizens? I'm not making this up. Many have testified that he is and has done these things. Mr. Lally, how many have to come forward before you believe this?

Judge: Please confine your statements to the facts here on sentencing.

Darren: Notes are missing from Mr. Freeman's files that showed things about the gun. I went to 50 different attorneys while I was in Chuck Weller's courtroom for help. There were criminal acts by Sean Meader and Chuck Weller and I recorded things from Charla. I also wore my bulletproof vest whenever I had to meet with Charla. It isn't like I was trying to get leverage. I wanted to get it resolved. I went to Charla... I offered her 1.2 million and she was dead set on a war. I read on how to divorce a borderline personality. They always want a battle. They won't listen. Annihilate the opposition.

Def: You are worried about your daughter and a book that was give to her by Charla's mother.

Darren: All I want is for her to be okay. (Darren is crying and Charla's mother's mouth is open and in shock) Charla's mom is not well. Her mother is not well and she affected Charla. She gave my daughter a book... "Hitler's Daughter... how to deal with it when your Father is a monster". I am just pleading that my daughter gets help and is okay.

He trashes Charla family members........Pros objects.........Judge rules to stop that.

Def: Let's talk about the to-do list.

Darren: The list was written after. On the list was written, "roll the window down for dog" and how would I know that before. She had never brought the dog before but she did that day since she had to take him somewhere. The other list I liked. That was the list after the extorted agreement where he told me that I needed a million dollars. I said I didn't have it. He said he was going to put me in jail then. If you don't have a million I will put you in jail. This was off the record. I said put me in jail. Then Weller said there would have to be a custody hearing then. I was making only $5,000 gross at that time. Weller said get a million from your mother or I'm going to charge you $8100 a month. Sean Meader was standing there with Charla and he said if you settle this and get the million, Charla will not object to joint custody. I talked to Les Shaw and he said are you okay with that? I said yes...I found the money, did the tentative settlement agreement. Then we went to Judge Weller's office and they had just put on for a full custody hearing after I agreed to the million for no custody fight. I was planning on fleeing the country and that's what the first list was about. I was being forced into that. Charla threatened him with taking him down.

Def: Chesnoff told the jury that your brain was fried and you told them that you said some men commit suicide over this. And this is what that came from...the article Charla showed you where they ruined a man like this and that’s what she was going to do to you?

Darren: Yes, and I gave this all to the lawyers ahead of time. Weller could have put me in jail like this man for life.

Def: Chesnoff said to the jury that you were delusional and yet he had the article you gave him right. Also that you thought you were Benjamin Franklin.

Darren: Yes, and I equated that being a patriot. I thought that was a good thing. I talked to a doctor concerning my mental state. They discussed pleading temporary insanity. I couldn't understand that.

Def: Is there anything else you'd like to address?

Darren: There are a lot of things. Let's see. I think some of the things that lend weight to this are the things that have happened since the first shows such prejudice toward me. Anyone who would work this hard to make sure that the truth doesn't come out...the pros. lawyers... if you really buy that I meant that, then I have a bridge I want to sell you. He stole my choice in that matter. I had no choice; Freeman broke my will. The other thing is, everything I have in my statement has been pretty much corroborated.

Darren claims that they belittled him and forced him into taking a plea. And they did it to another guy also.

Def: Def marks an exhibit.

Darren: This is a request for a new bed due to my sore back. It paralyzed me. I sent this to the Dr. I didn't get a response. You have just heard businessmen tell you I'm credible. If I were in that much pain on day 2, I pled on day 27. I didn't sleep for two nights before the plea I was in so much pain.

The pros. proved the actions and not the intent.

Def: Did you ever go to Cabo San Lucas?

Darren: No

Def: What about the rental car?

Darren: I got the car rented because my mother was taking my daughter somewhere and I needed to go to the shoot.

Def: Darren you have plenty of time, what do you want to say?

Darren: Let's assume for the moment since 5 of the last 6 Dr.’s have said I'm not insane. Let's assume that I'm sane. Why would I come back from Mexico and face a death penalty after knowing how corrupt the system is here. Why would I come back when I didn't want to and tell a lie? I want to address the Pros talking about the constitution this morning. It is supposed to be independent. The checks and balances are in there, but the judge’s fold to those who pay the most to their campaign contributions. It's wrong. It's not fair to work that way.

Def: How did you feel when Charla pulled the trigger on you?

Darren: I don't know how to describe the fear when that happened. Another thing I wanted to address. I have spent my life trying to do the right thing. It kind of gets to the point where you think if they are trying to work so hard to discredit me, why? I think they tried to get me to take the plea up front. The Pros. didn't ask me questions like about the Ben Franklin statement. I could have set them straight. Like the Tai Kwan Do statement. I never told them she was accomplished in Tai Kwan Do. I would have told them that. If I had taken the stand, it would have been very embarrassing to them.

Def: When Chesnoff said all of that to the jury how did you feel?

Darren: I would like to bring up the whole things about ecstasy. I never took drugs only marijuana in high school once in awhile. Charla's mom suggested we take ecstasy, she said it might help our marriage. I accepted to do it to try. We went to another country to do that. Over those 100 pills we took most were in another country so we wouldn't violate the laws of our country. It was wonderful as it allowed us to have peace with each other. Only six or seven trips where we did that. I am not brain fried, that's all it was. It's been blown out of proportion. It was just to get along with Charla while she was in that state.

Man alive! This guy is totally out of his mind!

Def: Darren, Derek Knox is in the jail with you? Please address that.

Darren: I told him what happened and he already knew. I said Chesnoff will lie and I want you to help me. Please hide in the attorney meeting room in a cabinet and listen if he lies. He would be a witness. Ultimately it didn't happen. But I wanted him to witness if he lied. Derek would have heard that. Chesnoff said I was like Don Quixote and I should stick with the plea. He also told me an earthquake could happen and the prison would open up and free me. But Derek wasn't free to be in there and hear it for me. He was threatened that if he did testify for me he would never get released. I thanked the Pros. for being professional even with the misstatements. I never thanked them for the plea offer. This took place in a holding cell after the plea.

Def: I want to get to how do you feel about the death of Charla?

Darren: I feel that it's a tremendous tragedy. I love her family. They are like family to me. The impact of this is my little girl doesn't have a mother; my other children don't have a stepmother. Especially Suria losing a child. I can't imagine what they have had to go through. I lost a wife too. Even though this happened I still loved her. I couldn't live with her I was afraid of her. (Charla's family is upset at this) She had threatened me with if I left her, she would kill me. She said she watched Court TV every day and knew how to get away with it. The borderline thing was annihilating me. I gave her way more than I had to money wise. The loss of Charla is one of the most sorrowful things for so many people. I love her father and stepmother and to think they have to live without Charla and the devastation must be horrible. One of the worst things must be for a mother to lose her child. There is no words. I just wish that day had never occurred.

Def.: Darren did you feel that your testimony if we had went on with the trial would have made Chesnoff look like a fool?

Pros: I object

Judge: Move on

Darren: I spent 25 years of trying to build a reputation and I still am willing to sit on the stand and talk about the acts. Why would I lie?? Why am I not given any credibility? The lawyers didn't want me to tell about the knee thing. I wanted to. We fought and went to the ground, the dog came at me and I had to protect myself from her while that was happening.

Def: They said that her head was almost severed do you want to address that?

Darren: Mr. Lally why would you lie and present it that way??

Pros: I object

Judge: Move on from that

Darren: Would you believe two attorneys who are going to get paid either way and tell their client to lie or someone like me who has everything to lose, why would I lie about it?? I'll take the consequences. I wanted the truth to come out. Set the record straight and to let everyone know about the corruption in our judiciary system.

Def: Anything else you want to say?

Darren: Going to prison now with you out here (to def) I feel much better knowing that I will have someone out here who is really working for me. I will continue to get the truth out about judges and what they do behind closed doors. I want the people to get back justice. I look at things positively. For the next few years, I will have a private office to work in.

Pros: I want to talk about this manner of killing. You have said you were in a fight for your life with Charla. You were both on the ground. It was stated that she hit you hard enough to fall to the ground.

Darren: She hit me from behind and it was shocking.

Pros: I think you said you stabbed here and she pointed the gun at you?

Darren: The gun was already in her hand.

Pros: This injury that was so forceful that took you to your knees...there were no injuries on your face were there?

Darren: No. I didn't expect to get cross-examined.

Judge: You elected to speak and they have the right to cross-examine you.

Pros: No injury was on your face right?

Darren: I didn't see any

Pros: None to your chest and back right?

Darren: No

Pros: No injury on your hands?

Darren: I cut myself; she didn't do that.

Pros: Charla weighed 134 lbs, right? She was 5'4" you have a longer reach, you weigh more, you were stronger.

Darren: When she got into her fighting mode she was very strong.

Pros: Where did you stab her first?

Darren: Points to his neck... I only stabbed her intentionally in the neck. I didn’t' know I stabbed her in the arm or the legs.

Pros: One of those injuries was through and through. It wouldn't have happened the way you described.

Darren: I don't know

Pros: You didn't wear a bulletproof vest that day like other times with her did you?

Darren: No

Pros: Do you feel there are times it's okay to be untruthful?

Darren: I don't know

Pros: You went to Mexico and left the vehicle in a parking garage

Darren: Right

Pros: You also purchased a bus ticket

Darren: Yes

Pros: Do you remember getting a receipt for the parking garage?

Darren: You used the name Tim Nichols

Pros: When you bought the bus ticket you used the name Santini?

Darren Yes

Pros: So you do lie sometimes

Darren: I just told them to use the name of the guy in front of me.

Pros: You criticized the Pros for saying that you didn't want Dan to drive your daughter.

Darren: Yes

Pros: Did you know that your own brother said you never allowed anyone to drive your children?

Darren: No

Pros: You said that you'd taken about 100 hits of ecstasy

Darren: Yes

Pros: Don't you feel like that's a lot?

Darren: It was about 6 or 7 vacations and it's not like I was brain fried.

Pros: You always took it out of the country?

Darren: Sometimes we would do it here

Pros: Isn't it true that you were playing money games with Judge Weller during your divorce?

Darren: No

Pros: Isn't it true that you declared bankruptcy and transferred ownership of your business to avoid paying?

Pros: Isn't it also true that you were disruptive and contemptuous in court with Judge
Weller?

Darren: No

Pros: Isn't it strange that no one has ever seen her out of line ... only you in the privacy of your own home?

Darren:That's not true. We're going to play a CD here in a minute that will show you how she was with me.

Pros: You have used the word liar a lot today. After your divorce you accused Sean Meader and myself today and Mr. Bascus and Mr. Freeman, and Mr. Chesnoff. But isn't it true that you admitted you were untruthful to a judge?

Darren: I was under duress

Pros. No further questions.

Def: Tell us about your state of mind when you were with Judge Weller?

Darren: I was so broken down, you can ask my family. I have tried to be strong for my children. When I came back from Las Vegas, it was the hardest part of being betrayed. I wasn't sleeping. My next-door cellmate filed a complaint about no heat. I wasn't fed for a few days. You all misstate things. My blood sugar was dropped, I was so tired, that throws your whole body off. Then Chesnoff was forcing this deal down my throat. Stack all things together, back pain, no sleep, too hot, etc. Then you can't make the right decision. It was like torture. I never asked for a plea. Chesnoff pressured me. I asked them to go over my testimony and they wouldn't. Chesnoff kept pressuring. He kept saying to me that I was going to get off until the end. The moment that check was written my whole defense team abandoned me other than Freeman. I'm not going to lie. My whole statement was corroborated. Why would I change my mind at the last moment?

Def: What about the assets of ownership of your mother?

Darren: That was a lie. It was not a transfer of a share of stock. What I gave since I was forced into bankruptcy was a proxy. Do you know what a proxy is? It's just for voting. No money changed hands or stock. I have said this now for 2 1/1 years. I have all of the documentation. She wanted a vote in case there was a tiebreaker. They told me that was okay. Then they told Weller and with threat of jail I had to remove that.

Def: There was something about contempt?

Darren: Like gun control, there needs to be gavel control. Every time Judge Weller would threaten me with jail. I had it all on automatic pay. I have a record. Two things you can't mention in the courts in Nevada...the truth and proof. I never turned off the power to her house; I turned off the power to the guesthouse. She requested the power co. send her the bills. Then she didn't pay them. So the lights really did go off. She did that three times. Then Weller would have a chance to wield his gavel again. Get a CPA to go over my books. I've been begging for that.

Judge: I've heard enough on the power bill, move on.

Def.: Darren anything you'd like to add?

Darren: I just didn't know what to do. I would give anything not to have that happen. One last thing...I have proof. IF the FBI wants to get involved and investigate the judicial system, I will help them. Meader, Charla and Weller were the ones playing games.

Judge: thank you Mr. Mack you can step down.

Def.: Judge can we approach?

They are at the bench.....................

Judge: We are going to take our evening recess. I wanted the def. to wrap it up tonight. But he wants to finish tomorrow. And he wants to play a CD. We will try and finish tomorrow by lunch or 1 pm. I will render a decision tomorrow possibly after things are done tomorrow. I will see you all tomorrow.

In Session Jean Casarez exclusive interview with Darren Mack.