Judge Rejects War Machine's Motion for Retrial
LAS VEGAS — Clark County District Judge Elissa Cadish this morning denied a motion by War Machine’s attorney to grant a retrial and proceeded with a sentencing hearing.
At post time, prosecutors are presenting War Machine’s history of anger and violence dating back to 2002 to help Cadish determine the former mixed-martial arts fighter's sentencing.
Prosecutors are recommending a prison term of 32 years to life; War Machine counsel said a 16-years-to-life sentence is acceptable.
War Machine was seeking a retrial after he was convicted on 29 felony counts stemming from an attack on former porn star and ex-girlfriend Christy Mack and a friend at her Las Vegas home in 2014. At the hearing today, Mack was seen at the courthouse.
Attorney Jay Leiderman argued today in court that War Machine was “unconscious” during the attack and that he was acting “reflexively” when he found Mack in bed with the friend.
Leiderman said he was relying on testimony from defense witness Dr. Steven Holper, an expert on pain management, to argue that War Machine was “acting unconsciously” at the time he attacked Mack and the friend, and that the jury was told to disregard a defense of “acting unconsciously” during the beatings.
Cadish, however, denied the motion for a retrial because the filing was untimely filed since it was not filed to the court within seven days of the verdict in March. She also noted that the jury was correctly instructed in the case.
Cadish, in her decision to deny a motion to arrest the judgments, said she would allow all 29 felony counts to stand.
The sentencing hearing continues at XBIZ post time.
Pictured: Clark County District Judge Elissa Cadish at today's sentencing hearing