Ethan Mack will wait to make appeal on conviction

By Eric

CHARLESTON, S.C. (WCIV) -- The man sentenced to 25 years for his role in the murder of Kate Waring was in court Monday for what he hoped was a second chance.

Ethan Mack wants a retrial for his manslaughter conviction in 2011.

Monday, attorneys offered a preview of what could happen in this case, since Mack won't make the appeal on the manslaughter charge for several months. He was present in the courtroom, but his appearance lasted only minutes.

Mack withdrew one of his post-trial conviction petitions. That means he is no longer protesting his conviction on forgery and obstruction charges from October 2010.

Monday's decision was made quickly, but Mack did not initially cooperate.

"You are going to have to swear or affirm," instructed a circuit judge.

"I don't even want to do that," Mack protested.

Mack then resisted the judge a second time just moments later.

"I would appreciate you treat the court with the respect that is expected. Please raise your right hand," the judge instructed.

Mack stared back motionless.

"I need you to raise your right hand Mr. Mack," the judge repeated.

Finally Mack cooperated.

According to his attorney, Charles Brooks, his client will wait to try to make an appeal on his guilty plea and voluntary manslaughter conviction. It's the charge that landed him in prison for 25 years.

Monday's hearing only covered his lesser, non-violent charges.

It's Mack's opinion he was "ineffectively represented" by attorney David Aylor in 2011, and he should get the chance for a new trial.

Mack will likely not get back to court until the fall. When he does, expect lengthy testimony in that hearing from Aylor, as well as Ninth Circuit Court Solicitor Scarlett Wilson.

Mack's former girlfriend, Heather Kamp, was sentenced to 39 years in the death of Kate Waring.