Ethan Mack files for relief hearing

Ethan Mack.

CHARLESTON, S.C. (WCIV) -- The man convicted of killing a prominent Charleston attorney's daughter in 2009 filed for a relief hearing this week.

The filing brings Ethan Mack, who pleaded guilty to voluntary manslaughter in the death of Kate Waring in 2011, back to the Charleston area for the hearing. This is his second attempt at a post-conviction relief.

He was transported to the Charleston County Detention Center at 10 a.m., records show.

It's a move Mack's defense attorney during the case, David Aylor, says is not a surprise. Aylor said it's common for convicted felons sentenced to lengthy prison terms to visit the library and research loop holes in old, similar cases.

Mack is alleging someone involved in his case made an error that violated his rights and warrants a retrial. If a judge grants him post-conviction relief, his sentence and verdict would be vacated, the charge of voluntary manslaughter would be considered "pending" and a new trial would be ordered.

According to the filing, Mack claims Aylor was ineffective because he did not file an appeal, did not challenge the chain of custody, and did not review discovery. Mack adds that his 2012{} PCR application had issues as well stemming from prosecution misconduct and judicial misconduct.

To read the full post-conviction relief filing, click here.

Mack's listed attorney for this hearing is Charles Brooks, of Sumter. Brooks' secretary said Mack's hearing is scheduled for 9 a.m. Monday in Charleston County.

Mack and Heather Kamp were both accused of killing Waring at their James Island home, and dumping her body on Wadmalaw island.

Four months later, On Oct. 7, 2009, Mack and Kamp were arrested and charged with obstruction of justice and forgery.

Kamp then led Charleston police to Wadmalaw Island where she says they dumped Waring's remains. On Oct. 10, a team of private investigators found her body off Polly Point Road.

Kamp is currently serving a 39-year sentence for her role in Waring's death.