Judge Douglas Herndon denied two motions this afternoon filed by the defense in State v. Mack clearing the way for a sentencing hearing scheduled in Washoe County at 10 a.m. February 7. The two-day sentencing hearing will allow victims, families, and the defendant to present evidence to the judge prior to sentencing.

This afternoon, Defense Attorney William J. Routsis argued that the proceedings should be stayed while he prepares an appeal to the Nevada Supreme Court of Judge Herndon’s ruling to deny Darren Mack a new trial. Judge Herndon denied the motion indicating that a challenge to his ruling can still proceed in front of the higher court without impacting on further proceedings.

In regards to the motion to continue the sentencing of Mack, Routsis argued that his client had not interviewed with the Nevada Division of Parole and Probation and that he wanted his client to have the opportunity to prepare a supplemental report. Routsis indicated he believed that Parole and Probation would recommend the maximum amount of time in prison because Mr. Mack had not interviewed with the Division. Judge Herndon indicated that the defense had been given the opportunity to interview with the Division and had chose not to attend the interview. However, even in light of that decision, Herndon indicated that he did not plan to rely on the Division’s recommendation alone and had set aside two days to allow the defendant time to tell the court directly what he wants to say and provide the judge with information prior to sentencing.

Judge Herndon indicated that in light of the the amount of time the court intends to devote to the sentencing, and in fairness to the victims and their families, he would deny the motion. Sentencing will proceed at 10 a.m. Thursday (Feb. 7) in Reno at the Washoe County Courthouse.