Aug. 8, 2009

Caught In The Crossfire

A Wife And Judge Get Caught In The Crossfire Of An Explosive Divorce

(CBS)  This time, the star witnesses were Darren's former attorneys, who took the stand to defend themselves and the dual strategy of self defense and insanity.

"You're not competent to argue self-defense if you're insane. It's a fraudulent defense," Routsis says.

But Chesnoff explains that it was Darren who insisted on the split defense.

"Am I correct that Darren Mack is the one that said 'I'm not going with an insanity defense on Charla…this was self defense?'" Routsis asks.

"There's no question about that," Chesnoff replies.

"And you did not think that was a smart thing to do?" Routsis asks.

"No, because he came to the garage with a knife and gun in his pocket!" Chesnoff says.

By calling his former lawyers to the stand, Darren waived his right to attorney-client privilege, so what he had told them could now be used against him.

"There were actual police reports that Darren had solicited an individual in Clark County to kill Charla Mack and a family court judge," Lalli points out.

The damning revelations from former defense attorney David Chesnoff kept on coming. "Darren, in preparing his testimony, had told us after he stabbed her he put his knee on her head. And she was gurgling. When he told that to us in preparing for his testimony, I got physically ill."

Darren's case continued to unravel as Scott Freeman reluctantly takes the stand. Under oath, Freeman is forced to reveal the fact that Darren never mentioned a gun in their initial conversation about what happened in the garage.

Darren later told Freeman that he had thrown the gun into a dumpster but when Freeman went to look, there was no dumpster and therefore no gun.

Darren finally gets his chance on the witness stand. He insists he acted in self defense and was coerced and confused when he took the murder rap.

Asked if he told his lawyers he was sleep deprived, Darren says, "Yes, I did. …I didn't say it in those words but I said I wasn't getting much sleep."

"Did you tell your lawyers you were dehydrated?" Lalli asks.

"I told them I was very thirsty," Darren replies.

After three days of testimony, it's time for closing arguments, and Routsis makes a final plea to get Darren another chance.

But the judge rules against Darren's motion to withdraw the plea.

Before Darren is sentenced, both families have a chance to speak. Darren's son from his previous marriage tries desperately to convince the judge there's another side to his father. Then Charla's family has their turn.

Darren is also given one last opportunity to speak, and he does for three hours, still insisting he acted in self defense. Throughout the course of the entire trial, Darren never uttered the words so many had hoped to hear: that he was sorry about the death and the shooting of the judge.

Darren will serve at least 36 years for his crimes. He will be 83 years old before he is eligible for parole.

Judge Herndon offered advice to the grandmothers, who are left to raise the lone survivor of this terrible ordeal, Erika, now 10 years old. "Hopefully you don't raise an angry and spiteful child who doesn’t know who in her family to trust. She needs to be raised with hugs and kisses and not talking bad about each of those people," he says. "A child without her mother and her father for a great number of years is gonna need a lot of love from both sides of the aisle."


Darren Mack is appealing his murder conviction, claiming he pled guilty under duress. He is also appealing a $590 million wrongful death judgment awarded to Charla's estate and their daughter Erika.


Judge Chuck Weller filed a personal injury lawsuit seeking damages from Mack. Mack claims he has no money left.



Produced by Mary Noonan and Lourdes Aguiar
© MMVIII, CBS Interactive Inc. All Rights Reserved.
Share:
  • Share
  • Yahoo! Buzz
  • Mixx
Recent Segments
Scroll Left Scroll Right
Add a Comment See all 35 Comments
by BiCoastal October 18, 2009 9:35 PM EDT
I'm an attorney. First saw this on Oct. 17 or 18. Unaware of it before that. One thing which blew me away was the huge state of denial displayed by Mack's girlfriend, who kept saying Mack killed his wife in "self - defense". Also, Mack's mention of a phantom gun and a phantom dumpster---mentioned not in in his first conversations with his lawyers, but later. I've represented numerous injured persons in civil litigation arising from battery (committed by security guards, body guards, bouncers, etc.) Never has the affirmative defense of self-defense (almost always pleaded routinely) been proven in my own professional experiences. The tell-tale signs of a doomed self-defense argument are that only one of the parties (the victim) has any injuries. Add to this a size disparity in favor of the alleged and uninjured self-defender (the de facto aggressor)AND a weapon (knife, in Mack's case), and you have all the earmarks known to experienced attorneys of an out and out attack/battery (here, murder)--no self defense. By the way, I don't practice family law or criminal defense. (Oh yeah, the fact that he pleaded guilty is a good indication that it wasn't self-defense, too.)
Reply to this comment
by Vic-H August 13, 2009 8:13 PM EDT
After watching the program, a question immediately came to my mind. If Darren Mack pre-planned the murder as it was claimed by the prosecutors, why on earth would he kill his wife in his own garage and leave the body there totally incriminating himself? It is not that I like the guy, nor what he did. But wouldn't anyone who plans something as serious as murder ahead of time, whould also think about getting rid of the body as part of the plan? I do believe he committed the crimes he is accused of, but that he acted in a state of rage and passion.
Reply to this comment
by csi-lover August 10, 2009 2:14 PM EDT
This Mack guy should have been fried in the electric chair. This type of mentality is so evil that he will meet his fate in jail or hell, which in my mind, are both the same. He kills his wife and almost kills Judge Weller, and then blames them for his actions? Wow! Psychopath or what? The person I feel sorry for the most, besides the family and Judge Weller, is the criminal judge who had to hear Mack rant after his sentencing. But this judge did the right thing by sentencing him to life in prison, noting that Mack showed no remorse, nor did he apologize for what he did to his wife and Judge Weller.

This Mack guy is something else.
Reply to this comment
by soupperG August 9, 2009 10:25 PM EDT
summarux,

You are exactly right. The media holds a lot on their shoulders for the direction of this country.

There is a most definate slanted media view perputrated by the government to make it seem as though the court's follow the laws and the Constitution and nothing is further from the truth.

The ones sworn to uphold them are the biggest violaters, and yes, they will censer me, I am sure.

Thanks
Greg

www.dadsaredisplaced.ws
Reply to this comment
by get_down August 9, 2009 8:40 AM EDT
After watching the TV and reading this article, it appeared that Mr. Darren Mack is a controller and manipulator - he likes to have control of the world around him and he also likes to manipulate
events and folks around him. I'm glad finally the legal system finds what's wrong with him - if he couldn't get his way - he's going to do something - including premeditated murder of both his
ex-wife Charla and attempted murder of family court judge Chuck Weller. Justice finally is served by putting him behind bars where he belongs!
Reply to this comment
by soupperG August 8, 2009 11:32 PM EDT
While I certainally don't condone what Mact did to his wife, I wish the shot at the judge would have been better. The judiciary is extremely corrupt and they pretty much do whatever it is they want without recourse. They do this because they have given themselves total immunity from the law.

I have delt with many judges and attorneys in family court matters and I must say, they should all be shot. They are very corrupt.
Reply to this comment
by summarex August 9, 2009 1:39 AM EDT
Your are right of course. Judicial criminality and the police-welfare complex we have created are choking this country. Delivering tough justice to them will be the great fight of our time.

But be careful with what you write.

CBS is banning posters for making remarks that fall outside the CBS ideological umbrella.

Naturally the goal is to present a skewed consensus.

IT WON'T WORK.

END POLICE WELFARE NOW
by nickatnoon August 10, 2009 1:14 AM EDT
soupper, you hit the nail on the head! The bar, which originates in the "City of London" has occult/satanic roots, and it's agenda is to keep the masses under their thumb, by protecting the CONtrollers. Then we have the media which portrays the court system as "fair" by airing schlock TV "programs" like Law and Order, etc. Anyone who hasn't been screwed by the court system has been living in a cave all their lives!
by hercule1122 August 8, 2009 11:17 PM EDT
The people surrounding Mack in this horrible tale were all like flotsam and jetsam. He is a complete idiot, spoiled, and I hope he will rot in jail. Crying about losing his wife when he murdered her...bizarre! And the new girl friend reminds me of the tin man- she needs a brain. I have great sympathy for Judge Weller and Charla's family, and wish them peace and a good life. Evil always exists in our world, but we can make a difference. Shalom.
Reply to this comment
by celestialsmo May 6, 2008 3:00 PM EDT
I was very disturbed while watching this show. I dont understand why in the world someone would go to such lengths to kill someone just because they have to have there own way! I see that Daryn was a VERY manipulative man that plotted this musrder because he wasnt getting what he wanted! In my opinion Daryn got wind of his wife wanting to leave him so he fabricated stories of her abuse towards him to make himself look better and to play the victim. To me Daryn is a spoiled little brat that acts like a 2 year old when he doesnt get what he wants in life! If he was the victim and killing her was self defense then why would he throw away the gun if it at all had her finger prints on it again all set up by Daryn himself to look like a victim that hes not, and to manipulate his son into thinking his story was true WAKE up and face reality!What is really scary is the new girlfriend standing by his side. why would you be that dumb and not protect yourself and your own children, bot she must have some issues with herself to believe that man! and of course his creepy best friend hes just as crazy and maybe we should start making sure he doesnt do the same to his ex-wife as Daryn did to his wife because he surely believes that Daryns crazy actions were justifid. At least we can say that justice has been served and hopefully he will never get out of his cell!!!
Reply to this comment
by Ty2011 September 9, 2009 8:20 AM EDT
If he'd played if off as his patriotic duty to free us from tyranny instead of trying to save his own skin he'd probably have been called insane and at the same time held up as a hero to anarchists!
by djwelsh2 May 5, 2008 7:49 PM EDT
All Darren had to do was pay alimony and split the marital assets which is what you are supposed to do in a divorce. He would rather ruin his daughter''s life than give Charla was was rightfully hers. That was a selfish act from a sociopath and narcicist, obsessed with *** and money who only loves himself.
So now he will rot in jail for cold blooded murder.
Nobody wins here including tax payers.
Reply to this comment
by franchize44 May 5, 2008 4:44 PM EDT
I agree that family courts are wrong- but the fact of the matter is that Darren Mack murdered his wife, and then tried to murder the judge. The self defense things doesn''t add up because of the attempted killing of the judge. It''s WRONG and there''s something evil about a man who can do that. He''s right where he should be.
Reply to this comment
by aldicicco May 5, 2008 2:26 PM EDT
All Family Courts must be abolished and replaced by mediation centers that will uphold our rights of equal protection under the law and assist in reducing animosity between parets divorcing. I spent over a decade in Nevada trying to help reform the system and failed. Several Nevada Family Court judges lobbied against a bill that would have given all parents equal rights to their children. The governement wants control over all of us. Listen to Alex Jones www.infowars.com
Reply to this comment
by nickatnoon August 10, 2009 1:02 AM EDT
Thanx aldiicco, you stole my thunder! Family court(and ALL courts) are one BIG fraudulent SCAM that lines the pockets of the lawyers and judges while they help destroy more families! Anyone who has studied Admiralty Law, which is the law that is carried out in our courts, knows the citizens have NO RIGHTS, and are treated accordingly. The gold fringe around the U.S. flag in the courtroom bears that out.
by Ty2011 September 9, 2009 8:12 AM EDT
LoLCatz r in ur usc makin nu akronyms
by roma52 May 5, 2008 1:32 PM EDT
How can anyone have a happy relationship when you are swinging with others?

After the baby was born, Charla was then Mrs. Mom, and Darren wasn''t getting all the attention.

It would have been interesting to know if the first Mrs. Mack went through the same thing with Darren.

Mrs. Mack #1 was obviously the wiser of the two, she is still here.

Money was the factor here.

Darren Mack typifies the modern culture, of the shallow, vain, rich, Hollywood lifestyle even now, he still doesn''t get it?

Once again, you can''t judge a book by its cover.
Reply to this comment
by cacomistle May 4, 2008 9:09 PM EDT
sheril911,
I''m not sure of the name of the song, but the singer was Charla Mack. Her mother had the song played at Mack''s sentencing hearing, saying that it was a song Charla wanted Darren to hear - it was literally her voice from the grave. ::goosebumps::

Reply to this comment
by grosventres May 4, 2008 8:39 PM EDT
Darren''''s other friends/hangers-on seemed very sketchy, as well. I wondered what they thought they were going to "get" from standing up for him.

You got that right. I''ve known Michael Small for years and he is a con man extraordinaire. He took several of my friends and relatives to the cleaners in an "acting school" scam in Binghamton, NY back in 1996. At that time he was married to an acquaintence of mine, Darlanne Fleugle, an up and coming acress who co-starred in several major movies with Sly Stallone and William Peterson, among others. He ruined her career and took her for all she was worth. The custody battle referred to in this story was apparently with her.

I''m sure the reason that Mack was Michael''s "best friend" was because Mack had millions and Michael wanted some of it. It wasn''t surprising to see him turn up in the midle of this sordid tale.
Reply to this comment
by winnywinny1 May 4, 2008 5:15 PM EDT
I''m just amazed that the "replacement" trophy girlfriend (Alicia) can be so dumb. She seems to be attracted to trouble. Hope for the sake of her own child she gets wise and makes the child her only priority.

Darren''s other friends/hangers-on seemed very sketchy, as well. I wondered what they thought they were going to "get" from standing up for him.
Reply to this comment
by winnywinny1 May 4, 2008 5:14 PM EDT
I''m just amazed that the "replacement" trophy girlfriend (Alicia) can be so dumb. She seems to be attracted to trouble. Hope for the sake of her own child she gets wise and makes the child her only priority.

Darren''s other friends/hangers-on seemed very sketchy, as well. I wondered what they thought they were going to "get" from standing up for him.
Reply to this comment
by drdavedmd May 4, 2008 2:13 PM EDT
Although there is guilt beyond a reasonable doubt that Darren deliberately killed Charla, and that afterwards he went out to take out the judge, Darren should have nevertheless been granted a new trial because his rights as an American citizen was violated. He testified that he was coerced into pleading guilty. No matter what, even if it is going to be a waste of taxpayers'' money, every individual has a right to a fair trial. He did NOT. The judge was so biased it was not funny.

In the event of a new trial, Darren will be convicted and sent to life in prison without the possibility of parole. The argument against his belief that he acted in self-defense is the fact that he went out to go after the judge.... how in the worl and for what reason would a person who acted in self-defense all of a sudden go after the judge? There is NONE. Case dissmissed. Darren Mack is a brutal killer. He needs to pay for his heinous crime for the rest of his life. However, I believe that the justice system needs to give him a new trial.
Reply to this comment
by kar791 May 4, 2008 1:45 PM EDT
I totally agree with roscoezzz. Darren Mack is a disgusting human being who should never have the possibility of parole. His girlfriend is a total idiot to stand beside this lying murderer. The story about Charla threatening him with a gun is so rediculous. He obviously thought of that twist when he was on the run in Mexico. The thought of a petite woman overpowering this muscular man in a "fight for their lives" on the floor of the garage is obsurd. No matter how unfair a family court judge is, it does not give Darren a free pass to go around killing people and attempting to kill the judge. That''s life. Sometimes it isn''t fair. His acts were not justified. He is an evil person who should rot in jail. He took away so much from so many people. This is a very sad and disturbing story.
Reply to this comment
by crazywoman May 4, 2008 1:16 PM EDT
Landmark Education was mentioned but I did not get the connection. Would you please let me know?
Reply to this comment
by namesnames May 4, 2008 11:30 AM EDT
He knew what he was doing when he killed her and attempted to kill the judge. He should not get parole no matter how old he is. I do believe, from personal experience, that there are judges in the family court system that automatically side with the mother unless the mother has been deemed unfit. That''s gender discrimination.
Reply to this comment
See all 35 Comments
  • Recent Shows
  • Catch Her If You Can

    In Full: A con artist fakes her way into Harvard and Columbia and outsmarts the feds. Peter Van Sant reports

    Play CBS Video
  • A Case for Murder

    In Full: A young man is found dead from multiple stab wounds. His family searches for the killer, but was it suicide? Maureen Maher reports.

    Play CBS Video
Coming Up

Live to Tell: Krystal's Courage

Saturday, Nov. 28 | 10 p.m. ET/PT

A 10-year-old girl's story of survival and how she brought a serial killer to justice.

More