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.

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.