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This afternoon, Judge Douglas Herndon denied Darren Mack’s motion to withdraw his guilty plea and set sentencing for February 7 and 8 in the Reno. Mack’s attorney William Routsis argued that Mack should receive a new trial due to coercion, misconduct and misrepresentations by Mack’s former attorneys.

Mack entered guilty pleas on murder and attempted murder charges November 5, 2007, ending the trial before he could testify. Today in closing arguments, Routsis asked Judge Herndon to give Mack a new trial so that he would have an opportunity to tell his story saying Mack had been coerced by his former counsel. State Special Prosecutor Chris Lalli dismissed the claims that Mack had been coerced and said that Mack had voluntarily agreed to plead guilty.

Witness testimony was presented over the course of three days and Judge Herndon considered the issues surrounding the trial and the eventual guilty plea.

Following arguments by counsel this morning, Herndon spent nearly two hours explaining his decision in detail. He said that when Mack entered his plea he questioned the defendant about his decision and was satisfied that Mack’s was entering a plea freely and voluntarily. In addition, he concluded that Mack’s former attorneys, David Chesnoff and Scott Freeman, provided the type of defense representation that went beyond what many defendant’s receive in similar circumstances.

Stating it was “mind boggling to this court” that Mr. Orenthal James Simpson had violated the terms of his bail, District Court Judge Jackie Glass increased Simpson’s bail to $250,000, required him to post a 15-percent premium totaling $37,500, and admonished the defendant to follow the terms of his bail or he would spend the time waiting for his April 7 , 2008 trial in jail.

Judge Glass placed further restrictions on Mr. Simpson, requiring him to not contact any witness or co-defendant by any means and not to leave the continental United States for travel. “No contact. That means no phone messages, no emails, no letters, no nothing,” said Glass.

Simpson’s bail was revoked by his bail bondsman last Friday (Jan. 11). The Clark County District Attorney then filed a motion to formally revoke the defendant’s bail pending the trial. Judge Glass refused to revoke the bail or place Simpson on house arrest. She told Mr. Simpson that, “There are conditions. There are rules. If anything like this happens in the future, you will be locked up in the Clark County Detention Center.”

The Clark County District Attorney has filed a motion to revoke the bail set for O.J. Simpson. This hearing will take place Wednesday (Jan. 16) at 9 a.m. in courtroom 15A, District Court Department 5, in the Regional Justice Center (RJC). Media seeking to attend this hearing should meet at the south entrance of the RJC by 8 a.m. to check in and obtain a seat.

Media parking has been set aside in the Clark County Courts Public Parking lot located on the corner of Casino Center and Bonneville Avenues.

Judge Douglas Herndon will preside over a motion filed by Darren Mack to withdraw his guilty plea during a scheduled two-day hearing in Reno at the Washoe County Courthouse January 15 - 16, 2008. Judge Herndon will extend the hearing if required to Thursday (Jan. 17).

A large number of witnesses are expected to be called in this hearing. If necessary, sentencing of Darren Mack will take place February 7-8 in Reno.

CBS 48 Hours will provide pool coverage for television and a mult-box will be provided. The court proceedings will follow rules set forth by the Nevada Supreme Court and the Second Judicial District.

Documents:

• Mack Motion to Withdraw Plea Dec. 7, 2007 (43 Pages)
• Mack Motion to Withdraw Plea - Supplemental Jan, 7, 2008 (43 Pages)
• State’s Response 1 Jan. 7, 2008 (11 Pages)
• State’s Response 2 Jan. 7, 2008 (36 Pages)
• State’s Response 3 Jan. 7, 2008 (147 Pages)
• Motion for Protective Order Jan. 10, 2008 (14 Pages)
• Reply to State’s Motion Jan. 12, 2008 (53 Pages)
• Motion to Quash Subpoena Duces Tecum Jan. 14, 2008 (9 Pages)
• Subpoena Duces Tecum Jan. 14, 2008 (3 Pages)
• Subpoena Jan. 14, 2008 (2 Pages)
• Subpoena Duces Tecum Jan. 14, 2008 (3 Pages)
• Subpoena Jan. 14, 2008 (2 Pages)
• Subpoena Jan. 14, 2008 (2 Pages)
• Subpoena Jan. 14, 2008 (2 Pages)
• Subpoena Duces Tecum Jan. 14, 2008 (4 Pages)
• Opposition to State’s Motion for Protective Order Regarding Subpoena Duces Tecum Jan. 14, 2008 (4 Pages)
• Subpoena Jan. 15, 2008 (2 Pages)

Senior Judge J. Charles Thompson granted an injunction sought by Dennis Kucinich seeking to allow him to participate in the Democratic Party debate scheduled for January 15, 2008 in Las Vegas. Judge Thompson asked Kuchnich’s attorney to prepare an order for his signature.

Kucinich’s attorney argued that NBC had violated the FCC’s rules on providing equal time on nationally regulated airwaves for candidates running for public office. NBC argued the equal time requirements do not apply to debates being broadcast on cable television. In addition, Kucinich’s attorney argued NBC had breached a contract made when the Democratic Party and NBC invited Kucinich to the debate last week, then resinded the offer. NBC denied it had invited Kucinich to participate.

Judge Thompson keyed in on who made the original invitation to Kucinich and then asked both parties about the subsequent change in the lineup for the debate. In making his ruling Judge Thompson said, “If the rules changed in the middle of the game, then I am offended by that.”

Senior judges generally are assigned to preside over cases when district judges are absent or unable to preside. They are assigned by the Administrative Office of the Courts, Nevada Supreme Court.

Media planning coverage of the motion hearing scheduled for 9 a.m. January 16, 2008 in District Court Department 5 should plan on setting up media live/satellite trucks in the Regional Justice Center Public Parking lot located near the corner of Casino Center and Bonneville Avenues. This location will be where the mult-box will be located for live coverage from the courtroom. The courtroom is located on the 15th floor of the Regional Justice Center. The pool for this hearing will be arranged through truTV (CourtTV) and a microwave feed is being considered for sending the signal out of the building down to the parking lot. Further details will be arranged on Monday when the court meets with truTV’s producer.

Media are asked to set up on the sidewalk opposite the south entrance of the Regional Justice Center along Clark Avenue. This is the location used in the past hearings in this case. The court will arrange to close Clark Ave. in front of the courthouse, if needed, prior to the hearing. Also, the Court Information Office will coordinate cable runs prior to the hearing.

Questions regarding media coverage should be sent to input [at] clarkcountycourts.us.

District Court Judge Jackie Glass signed an order this morning granting a motion to detain O.J. Simpson without bail in the Clark County Detention Center pending a hearing Wednesday (Jan. 16) morning at 9 a.m. in District Court Dept. 5 (15A) to revoke his bail.

Documents

• State’s Motion to Revoke Bail
• Order Granting Ex-Parte Motion to Detain Defendant Pending Hearing on Motion to Revoke Bail

NOTICE OF EIGHTH JUDICIAL DISTRICT COURT BENCH/BAR MEETING

January 31, 2008 @ 12:00p.m.
Courtroom No. 9
601 N. Pecos Road, Las Vegas, Nevada

On behalf of the Family Division of the Eighth Judicial District Court, Clark County, Nevada, we invite you to participate in a Bench/Bar Meeting to be held on January 31, 2008. We welcome your participation and active involvement in the discussion of matters affecting the practice of law in the Family Division. To assist in making our Bench/Bar discussion more meaningful, we request your input regarding issues to be discussed, questions for members of the Bench, and/or concerns regarding the practice of Family Law.

Please e-mail your input to Corinne Price at Corinne@thefinelawgroup.com by no later than Friday, January 18, 2008.

We look forward to seeing you at our January meeting. If you have any interest in participating in a committee of Bench/Bar members for the purpose of planning future meetings, please contact Corinne Price (at the e-mail address listed above), or Bryce Duckworth at bcd@slwlaw.com.

A motion by the Tennessee Titans football team seeking to be released from a lawsuit filed by Clark County resident Tom Urbanski was granted by District Court Judge Jessie Walsh. Mr. Urbanski argued that the football team should remain liable for injuries caused during a fight at a local gentleman’s club.

Judge Walsh concluded the court has no jurisdiction over the Tennessee Titans and dropped them from the civil suit. “What’s happened to Mr. Urbanski is incredibly unfortunate, and I haven’t lost sight of that fact. This litigation, however, has nothing to do with the Tennessee Titans,” Judge Walsh said.

Titans football player Adam “Pacman” Jones remains a party to the lawsuit.

A Clark County Grand Jury issued an indictment this morning (Jan. 09) against three individuals accused of taking part in a shooting at a school bus stop that left six people wounded last month. Dresden Michael Williams, Erica Renee Adams and Franklin Jackson next appear in a District Court Arraignment Courtroom January 16, 2008 to enter a plea.

In the 17-count indictment, Williams and Jackson were charged with conspiracy to commit murder, seven counts of attempted murder with a deadly weapon and six counts of battery with a deadly weapon. Adams was charged with felony accessory and cocaine trafficking charges.