Judge’s secrecy in wrongful death case challenged

RENO — A state judge’s decision to seal the wrongful death civil case against former Reno pawn shop owner Darren Mack violates the First Amendment, a lawyer for the Reno Gazette-Journal contends.

“The public has the right to know how the civil process of the courts is functioning and whether justice is being done in specific cases,” attorney Scott Glogovac said in a motion filed Friday.

Without a request from either side, Senior Judge Noel Manoukian ordered the case filed by Charla Mack’s estate to be sealed in order to protect Darren Mack’s Fifth Amendment right against self-incrimination.

Darren Mack has been charged with murder in the June 2006 stabbing death of his estranged wife, Charla, and attempted murder in the sniper-style shooting of the judge who was handling their divorce, Chuck Weller.

Mack has pleaded not guilty and not guilty by reason of insanity. His trial is set for Oct. 1.

Manoukian said he could not comment on pending cases. He was assigned the civil case after Washoe County district judges were disqualified from all Mack cases due to a potential conflict of interest.

At a June 5 open hearing, Mack’s civil lawyer, Mark Wray, told the judge he did not want the case sealed. Wray said it would be “un-American and against the principles of open court proceedings” to seal the case.

Kent Robison, the lawyer for Charla Mack’s estate, told Manoukian he did not object to unsealing the case. But a Manoukian order in the case this past week remained sealed, including the transcript of the open court hearing.

The judge was asked at the hearing to appoint a guardian for Darren and Charla Mack’s 9-year-old daughter to oversee her financial interests and give her the ability to sue her father for damages.

“In this case, there is great public interest in making sure that all proceedings are conducted fairly and without bias,” Glogovac said in his motion. “Closing the proceeding based on a nonasserted constitutional right is simply not consistent with that interest.”