Archive for October, 2007

State v. Simpson, McClinton Waives Preliminary Hearing

Michael McClinton waived his right to a preliminary hearing this morning before Justice of the Peace Joe M. Bonaventure. McClinton will next appear Nov. 13 at 9 am in the District Court’s Arraignment Courtroom to enter a plea to individual counts of Conspiracy to Commit Robbery and Robbery.

McClinton is the third co-defendant
to agree to testify against Mr. Simpson and two other men in an alleged September hotel robbery at the Palace Station.

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State v. Mack, Opening Statements

Opening statements in State v. Mack began this morning shortly after 10 a.m. in District Court Courtroom 10D.

The District Attorney’s Office detailed a timeline, motive and method of the crimes alleged to have been committed by the defendant Darren Mack. Prosecutor Robert Daskas detailed how Mack allegedly premeditated the death of his wife and made a list of things he had to do to accomplish the murder. He then told the jury the defendant intended to murder District Court Judge Chuck Weller of Reno. Photographs of the crime scenes were displayed to the jury, as well as videotaped statements made by the defendant.

Defense attorney Scott Freeman portrayed Darren Mack as an abused husband who was under intense pressure during his divorce from Charla Mack, whom Freeman described as a violent individual with a split personality. Freeman described a highly contentious relationship between the Mack’s, which extended itself into the divorce proceedings.

Freeman then described events on the day Charla Mack died, telling jurors Darren Mack was attacked by Charla Mack and he was defending himself from her assault.

Defense Attorney David Chesnoff told the jury that Darren Mack suffers from a delusional disorder that prevents him from seeing reality and that he believes things that a reasonable person would discount or dismiss. He explained that Mack shot Judge Weller because he believes that the Second Amendment allows individuals to use weapons as a defense against tyrrany. Chesnoff explained that Mack didn’t intend to kill the judge and that he was only sending a message about the unfairness he believed he had experienced from the court system in his divorce case.

The trial is expected to continue this afternoon following a lunch break at 12:30 p.m. with witness testimony.

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State v. Simpson, Amended Complaint

The Clark County District Attorney filed an amended complaint this morning charging O.J. Simpson and three co-defendants with two new charges bringing the total numer of counts to 12.

In the new complaint, filed in the courtroom of Joe M. Bonaventure, a second felony coercion charge was made against Simpson and two new coercion with a deadly weapon charges were filed against Clarence Stewart, Michael McClinton and Charles Ehrlich.

All four defendants are expected to appear in Justice Court for a preliminary hearing Nov. 8 and 9 on 11 felonies, which include kidnapping, armed robbery, assault with a deadly weapon, conspiracy and coercion, and one gross misdemeanor count of conspiracy to commit a crime.

Second Amended Complaint

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State v. Mack, Final Jury Pool Selected

The final jury pool of 35 potential jurors has been selected in State v. Mack. Tomorrow morning (Oct. 24) the attorneys will exercise their preemptive challenges and seat the final jury of 15 jurors for the trial. Judge Douglas Herndon expects opening statements will occur tomorrow morning around 10 a.m. in Courtroom 10D. Media seating will be arranged this afternoon and discussed during a meeting at 3 p.m. in Courtroom 10D.

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State v. Simpson, Cashmore & Alexander Enter Guilty Pleas in District Court

Clark County District Court Arraignment Hearing Master Kevin Williams accepted guilty pleas from Walter Alexander and Charles Cashmore this morning. Alexander entered a guilty plea to a single charge of conspiracy to commit robbery, while Cashmore entered a guilty plea to accessory to robbery. Cashmore and Alexander return April 15, 2008 for a status check in front of Judge Jackie Glass, who will schedule a sentencing date for both men.

Alexander and Cashmore admitted they joined O.J. Simpson and three other defendants in the alleged theft of sports collectibles from two memorabilia dealers September 13, 2007 at the Palace Station Hotel and Casino in Las Vegas.

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State v. Simpson - Cashmore, Alexander Entry of Pleas

Charles H. Cashmore and Walter Alexander will formally enter pleas before District Court’s Arraignment Court Hearing Master Kevin Williams at 9 a.m. on Tuesday (Oct. 23) in Lower Level Arraignment Court A. A pool camera will be established for television and print media. Only one camera, television and still, will be allowed in the courtroom. All duplications and feeds must be done outside of the courtroom. Pursuant to local rules (see #17), no media will be allowed to interview anyone inside the building. A media area will be established for interviews outside the Regional Justice Center’s north entrance.

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State v. Mack, Jury Selection - Day 4

The court reached a total of 20 potential jurors for the final jury pool this afternoon. Court resumes tomorrow (Oct. 19) at 8:30 a.m. in Courtroom 10D.

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State v. Mack, Jury Selection Deliberate as Court Moves Toward Seating a Jury

After three days of jury selection in Clark County, a few distinct comparisons can be made regarding the voir dire process.

In Washoe County, the court evaluated the questionnaires of, and/or interviewed, 140 out of the first 160 jurors and had passed for cause only 12 jurors to the final jury pool. Out of those 12 jurors, the court lost one when it became aware of new information regarding the juror’s involvement in a Family Court proceeding. Additionally, a second juror in the final pool was under reconsideration, and likely would have been excused due to distinct opinions about the case.

Also of great concern to the court was the fact that every individual passed for cause to the final juror pool had an opinion about the case and had been exposed to and/or influenced in varying degrees by pre-trial media coverage.

In Clark County, as of 4 p.m. Wednesday (Oct. 17), the court evaluated the questionnaires of, and/or interviewed, 62 jurors out of the potential jury pool of 200 and passed for cause 15 of those jurors to the final jury pool.

In Washoe County, the court found the prospective jurors knew about the case, had formed an opinion, or knew someone associated with the case.

In Clark County, the prospective jurors have uniformly indicated that they have little to no knowledge about the case or the individuals involved in the case. Few of the prospective jurors have expressed any opinion about guilt or innocence.

During voir dire, attorneys have focused on substantive matters, such as the prospective jurors’ opinions on divorce, child custody, punishment and possible defenses. In Clark County, the court has not had to focus exclusively on pre-trial publicity.

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State v. Stiles, Initial Appearance

Chester A. Stiles made his first appearance before Judge Deborah Lippis this morning in Justice Court Department 1. Stiles was surrounded by Court Marshals and corrections officers from the Clark County Detention Center. Security was expanded following numerous threats targeting Stiles.

Stiles was appointed a public defender after he indicated to Judge Lippis that he couldn’t afford an attorney. Deputy Public Defender Jeff Banks was appointed to the case.

Stiles returns to court Nov. 19 at 10 a.m. for a preliminary hearing. He is being held without bail in the Clark County Detention Center.

Stiles faces the following counts and charges:

  • 10 counts of Lewdness with a child under 14 years old
  • 11 counts of Sexual Assault with a victim under 14 years old
  • 1 count of Attempted Sexual Assault with a victim under 14 years old
  • 1 count of Use of a Minor in Pornography

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State v. Mack, Jury Selection - Day Two

Jury selection continued this morning at 8:30 a.m. in Courtroom 10D. Jurors were interviewed again about their knowledge of the case and other information as the court worked to seat a jury. By the end of the day eight more jurors were placed in the final pool for a total of ten jurors. Jury selection continues tomorrow (Oct. 17) at 9 a.m. in Courtroom 10D.

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