Disclaimer

DISCLAIMER: Horns Up Rocks does not consciously breach any copyright regulations. If you are a holder and would like something to be removed from our site, please email us at info@hornsuprocks.com and we will gladly oblige.
Showing posts with label lawyer. Show all posts
Showing posts with label lawyer. Show all posts

Saturday, May 11, 2013

Tim Lambesis's Lawyer Says His Client Was Setup - Details Available!


In what is easily one of the most shocking stories to surface since the inception of Horns Up Rocks in 2010, Tim Lambesis from AS I LAY DYING remains incarcerated after an undercover Police officer discovered that Lambesis wanted his wife assassinated. Allegedly, Lambesis's wife Meggan was making his life impossible through their undergoing divorce and would even prevent him from seeing his kids.

On Thursday afternoon, at a court arraignment attended by his friends and fans, AS I LAY DYING singer Tim Lambesis pleaded not guilty to a charge of soliciting the murder of his estranged wife. San Diego County Superior Court Judge Martin Staven set bail at $3 million. Once he is released from jail, Lambesis must wear a GPS monitor and stay away from his wife and their three children.


At the arraignment in Superior Court in Vista, a readiness hearing was set for June 10 and preliminary hearing for July 10. Lambesis was represented by defense attorney Anthony Salerno of Los Angeles. Salerno told reporters that Lambesis did not intend to harm anybody and was apparently set up by the man at the gym.


"Law enforcement was being fed something by someone that I strongly believe was a snitch, was out to save his own skin and was trumping things up, exaggerating things," Salerno said. The lawyer declined to address specific allegations.

"He was arrested for conspiracy to commit murder, which carries a life sentence, as well as being booked for soliciting murder," Salerno said. "I won't necessarily get too deep [in the details of] the law surrounding conspiracy, but I came to believe very strongly that there is absolutely no way that he could be even charged with conspiracy, much less convicted of it. [So] one of the first things I did was to reach out directly to the [district attorney] that was assigned to the case and had some conversations with her. And she, in fact, did decide for Tim not to be charged with conspiracy, which was a big victory, 'cause that took a potential life sentence off the table before he was even charged. That's something that jumped out at me right away — that I needed to do that early intervention — so we did that."

Salerno also said that Lambesis was originally being held without bail before the attorney was able to intervene.

"At the point Tim was first arrested, the Sheriff's Department asked for and received permission to hold him with no bail," he said. "They got that permission from a judge and I knew that that was well in excess of what the bail schedule in San Diego County calls for. So my next order of business was to try to see what we could do to get that bail… well, first of all, to get a bail, and then to get it set as low as possible. That, of course, was what the bail hearing was about [on Thursday]. I was a little bit disappointed; I thought the bail should have been much lower. The scheduled amount for the charge that he ultimately has now is just $250,000. And, in fact, the scheduled amount for even solicitation to commit murder is a million [dollars]; and the judge set it at three million. So I was a little disappointed that it was that high. On the other hand, the D.A. was asking that the bail continued to be set at no bail whatsoever, and then she said — [which] I thought [was] kind of over the top — that as a backup, it ought to be set at $20 million. I think the fact that an earlier judge had said 'no bail' kind of must have influenced our judge, and that's [why] he set the three million. So right now the gameplan is to try to work on getting Tim out at that three million or possibly to have it lowered."

The lawyer added that someone may have given false information about Lambesis to authorities in order to "save his own skin."

"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," he said. "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."

He added: "There's one other element to this, too, which is… I don't want to start to make accusations on this one unless I have some more information, but I will point out that Tim's wife's brother, I understand, is a San Diego Sheriff's deputy, and I think I would be remiss if I didn't fully explore that, 'cause that is a litte bit… it's at the bare minimum very coincidental, and it may be more than that."


“Deputy District Attorney Claudia Grasso said that Lambesis originally approached someone in a gym and asked if he knew anyone who would kill his wife.


Later Lambesis met with the undercover agent posing as a hit man — code name “Red” — according to Grasso. “Red” asked Lambesis if he wanted his wife of eight years gone, and the defendant replied, “Yes, that’s what I want,” the prosecutor said.

Grasso said Lambesis gave the undercover agent an envelope containing $1,000, pictures of his wife, her address and the code to get through a gate. Lambesis also gave the agent dates when the “hit” could take place — days when he had his children, saying that would be his alibi, according to the prosecutor.”

If found guilty, Tim could face up to 9 years in prison.

Upcoming AS I LAY DYING shows with KILLSWITCH ENGAGE (band has not pulled from the tour yet):

- Thu/May-30: Oklahoma City, OK @ Diamond Ballroom
- Fri/May-31: Austin, TX @ Stubb's Waller Creek Amphitheater
- Sat/Jun-01: Houston, TX @ House of Blues
- Mon/Jun-03: Lake Buena Vista, FL @ House Of Blues
- Tue/Jun-04: Ft. Lauderdale, FL @ Revolution
- Thu/Jun-06: Richmond, VA @ The National
- Fri/Jun-07: Syracuse, NY @ F Shed at the Market
- Sat/Jun-08: Hampton Beach, NH @ Hampton Beach Casino Ballroom
- Sun/Jun-09: Philadelphia, PA @ Trocadero
- Tue/Jun-11: New York, NY @ Best Buy Theater
- Wed/Jun-12: Silver Spring, MD @ The Fillmore - Silver Spring
- Sat/Jun-15: Guelph, ON @ Guelph Concert Theatre
- Sun/Jun-16: Grand Rapids, MI @ The Intersection
- Mon/Jun-17: Cincinnati, OH @ Bogarts
- Tue/Jun-18: Sauget, IL @ Pop's Nightclub
- Thu/Jun-20: Denver, CO @ The Summit Music Hall
- Fri/Jun-21: Magna, UT @ The Great Salt Air
- Sat/Jun-22: Las Vegas, NV @ House of Blues
- Sun/Jun-23: Tempe, AZ @ The Marquee
- Tue/Jun-25: San Francisco, CA @ The Regency Ballroom
- Thu/Jun-27: Vancouver, BC @ Commodore Ballroom
- Fri/Jun-28: Spokane, WA @ Knitting Factory Concert House
- Sat/Jun-29: Billings, MT @ Shrine Auditorium
- Mon/Jul-01: Fargo, ND @ The Venue
- Tue/Jul-02: Omaha, NE @ Sokol Auditorium
- Wed/Jul-03: Wichita, KS @ The Cotillion
- Fri/Jul-05: Milwaukee, WI @ The Rave
- Sat/Jul-06: Cleveland, OH @ House Of Blues
- Sun/Jul-07: Pontiac, MI @ The Crofoot
- Mon/Jul-08: Joliet, IL @ Mojoes




Via Blabbermouth.net

Related links:

As I Lay Dying's official site

Saturday, July 21, 2012

Randy Blythe's Lawyer: "We are now waiting for his release because the band has already collected the additional 200,000 dollars..."

As previously reported, Randy Blythe was arrested Wednesday (June 27) at the Prague airport on manslaughter charges. Blythe, 41, who was represented by two lawyers in court, is accused of causing the fatal injury that occurred at LAMB OF GOD's May 24, 2010 show in Prague. The singer apparently either pushed or struck a 19-year-old fan named Daniel who had come on stage, and that person died 14 days later of bleeding in the brain. Here is the latest in Blythe's criminal investigation:

According to iDNES.cz (Czech news network), a session behind doors was held yesterday (July 16) at the Prague Municipal Court regarding the Randy Blythe criminal investigation. The good news is that the court has dismissed the prosecution's motion to deny Blythe's bail.

Blythe's Czech attorney Martin Radvan spoke to Radio Prague about the singer's arrest in Prague last month on manslaughter charges.

"We are now waiting for his release because the band has already collected the additional 200,000 dollars, and only due to long travel time between the Prague Municipal Court and the court for Prague 8, we are still waiting," Radvan said. "Otherwise, he should have already been released."

When asked if Blythe will have to stay in the Czech Republic: "Everything indicates that he will be allowed to travel home. But he will have to come back either for further investigation or the trial, and that's what he wants to do. As a world-renowned artist, in a specific genre of music of course, he cannot afford to simply disappear. This is a wrong assumption by the Czech police and the Prague municipal prosecutor who still believe there is a possibility he will disappear and never show up again. But there would be posters with his picture all around the world, and if he wants to continue performing, he will have to return. And he wants to return because he believes he is not guilty of anything he has been charged with."

On the topic of why no one made any attempt to approach them after the incident — not even the police or the family members of the fan — in the two years following the concert in question, Radvan said, "I really don't know. Let me put it this way: nobody was expecting that, unfortunately, this young man Daniel Nosek would die a month after the concert. His father then spoke to the police who launched an investigation and called several witnesses who were at that concert. They also approached the U.S. Department Of Justice and asked them to take part in the investigation, which the department refused to do. Refusing to do so, they did not notify anyone from the band or the management, so no one really knew that investigation was underway, which I think is not something the U.S. Department Of Justice can be proud of.”

On how Randy Blythe is coping with being in jail: "Randy Blythe is an intelligent man, he writes songs and now in jail, he has started writing a book. As regards his Mongolian 'neighbor,' Mr. Blythe is not really learning Mongolian from him all the time; we just bought the guy a book of Sudoku so that Randy has a little more time to do things he wants to do."

On whether Randy has complained about the conditions in jail: "Not at all. He says he is being treated in a fair way, and he has no complaints whatsoever about the guards or anybody in the Pankrác prison. He realizes he cannot do anything about the fact that the prison is old... it's not a place where he would like to spend more time, but well, that's how it is."

Here is Randy Blythe's first interview since being arrested!
Click here to donate your beer money to the "Randy Blythe Legal Fund"

Click here to sign the petition to FREE Randy Blythe!

Related links:
Lamb Of God's Official Site