Posted by & filed under Music, News.

Prosecution reads charges at Tim Lambesis’ arraignment; defense lawyer comments on suspicions of set-up

Tim Lambesis As I Lay Dying + Anthony Salerno attorney

Unless you were altogether involved in subterranean explorations or something last week, you’ll know that As I Lay Dying/Austrian Death Machine frontman Tim Lambesis was arrested on Tuesday 7th May on charges of conspiracy to commit murder – the target being his estranged ex-wife Meggan, from whom he separated last September.

The internet went a bit doolally, as it tends to do. Our final piece on Friday was in response to a lot of the stupidity that often comes out when a situation like this arises – people with less than 10% of the information making uninformed judgements on either or both parties – especially with the formal arraignment being posted on Friday adding fuel to the fire.

As you can see, the arraignment was pretty damning. Although he pleaded not guilty, the prosecution claims he approached someone in a gym and asked if he knew anyone who would kill his wife, and later met with the undercover agent posing as a hit man (code name “Red”). He told “Red” that he wanted his wife gone, and when asked if he wanted her killed, he replied “Yes, that’s exactly what I want.” This meeting is reported to have been recorded.

As such, Lambesis is now charged with solicitation to commit murder – a crime that carries a 3 to 9 year prison sentence if found guilty – which is slightly different to conspiracy to commit murder, but both are inchoate offences. The defenses in this type of crime are slim to be honest; he surely cannot argue that he didn’t know what he was doing, if they have him on tape, which would be evidence of intent. I’ve done a little research into it, and the other common defense is one of abandonment; that being that he either stopped all actions in furtherance of the crime (didn’t happen, that we know of), tried to stop the crime as it was ongoing (which obviously never took place), tried to convince the co-conspirators to halt such actions (which he never got the chance to do), or reported the crime to the police or other authorities (moot).

That being said, Lambesis’ attorney Anthony Salerno has given an interview with Artisan News in which he aired some disquiet over the prosecution’s case: namely that he feels that a police informant set Lambesis up.

[quote-symbol symbol1]I would anticipate myself asking for quite a bit of additional discovery, particularly on this person I strongly suspect is a snitch and is an informant for the police and was really creating this whole scenario and sort of setting Tim up. I believe there’s a good probability he may be a police informant. And that information is only available internally with the police department, or in this case the San Diego Sheriff’s Department, and through the D.A.’s office, and that’s something I’m gonna have to explore as well.

Mr. Salerno later pointed out that Meggan’s brother is a San Diego Sheriff’s deputy, and although he didn’t make any accusations, he said he would be exploring that avenue further as it is “at the bare minimum very coincidental”.

For the time being, Lambesis remains in custody on a $3 million bail. The next court date is set for Monday June 10th.

Disinformasiya banner