Archive | Legal Woes
As previously reported, Tim Lambesis was granted a new bail review hearing last Friday in regards to his arrest for attempting to hire a hitman to kill his estranged wife. During the new hearing, the As I Lay Dying singer’s bail was lowered from $3 million to $2 million. However, the hearing also found Lambesis taking a different route in his defense, blaming the plot to murder his wife on steroid use.
Video reports from CBS and NBC’s San Diego affiliates can be seen below. However, while Lambesis’ former attorney Anthony Salerno was previously trying to spin the case as a “set up,” the singer’s new defense lawyer Thomas Warwick told the court that he became using steroids the more he became involved in body building and gym culture. “His thought processes were devastatingly affected by his steroid use,” Warwick reportedly told the court. The lawyer also claimed that he went from 170 to 220-pounds and the steroids caused “changes in his physiological and mental status.” “Was not the same person. He was irritable and lost God,” Warwick explained. “He was a very caring, gentle man [before taking steroids] and we need to get him back.” Lambesis is also reportedly going through steroid withdrawal and getting personal counseling from a jail chaplain, while in total isolation in jail for protection from other inmates.
However, the judge still declared Lambesis a danger to society and his estranged wife, and only lowered the bail by $1 million (Lambesis’ lawyer had hoped for it to be lowered to $250,000, and the singer will remain in jail since he still cannot afford bail). During the hearing (which was attended by many of the estranged wife Meggan’s friends, as well as Lambesis’ family), Claudia Grasso also gave additional insight behind the actual bust. She claimed in court that Lambesis had actually agreed to pay the undercover detective (not police officer as previously believed) portraying a hitman named “Red” a total of $20,000, giving him $1,000 as down payment at the meeting.
Lambesis is expected back in court on May 29, where he could serve up to nine years in prison if found guilty. While this whole ordeal is still mind-blowingly shocking, the fact that steroids altered Lambesis’ state of mind makes more sense than it being a set up. Just take one look at Lambesis, and it’s obvious that his physical appearance rapidly changed over the past two years. To see proof of this, check out a photo found by The PRP showing Lambesis dressed as Conan (in support of his Austrian Death Machine project) in 2009 and in 2013. At the same time, while steroid use might contribute to a changed thought process, there’s a big difference between acting out while on steroids and actually plotting and scheming to have someone killed. It seems a lot more premeditated than, for example, beating someone to death in a ‘roid rage.
Watch video news reports from both CBS and NBC below. Read more »
A week after his first arraignment, Tim Lambesis has reportedly been granted a new bail review hearing later today in regards to his arrest for attempting to hire a hitman to kill his estranged wife. The As I Lay Dying singer’s attorney Anthony Salerno will attempt to have his client’s current bail amount of $3 million reduced at the hearing.
Lambesis’ attorney is expected to continue to argue that his client was indeed the victim of a setup. An article run by the San Diego Reader quotes Salerno as saying “Tim never had the intention to harm his wife, absolutely not… This whole thing was a set-up by a scumbag snitch, and then law enforcement ran with it.” Salerno further went on to say that “Tim will have his day in court, and when he does he will be exonerated because a jury will see that in his heart Tim is a good, decent and Christian human being.”
In the first arraignment, prosecutor Claudia Grasso (who originally asked that bail be set at $20 million) claims they have audio recording of Lambesis making a deal with the undercover cop to kill his wife. The prosecutor further claimed that the singer passed an envelope containing cash and photographs of his wife to the undercover cop, plus her address and the gate codes to gain access to her home.
More details about the case will likely be revealed during today’s new hearing, slated for 1:30 pm PST.
It’s been over 10 years since the sad and unfortunate death of original Alice In Chains frontman Layne Staley in 2002. And while the singer’s long, slow withdrawal from the spotlight and drug-related death wasn’t pretty, things are about to get ugly again. It took the better part of a decade for the band to regroup with a new singer, William DuVall, and release Black Gives Way to Blue in 2009. But now, according to the Seattle Post-Intelligencer, Staley’s mother, Nancy McCallum, is suing the band, contending that the surviving members owe her half of the money due Staley, which is about 16% of the band’s income. In the lawsuit, it states that she was told by the band’s attorney that Staley’s interest in the band’s works was being liquidated and that the revenue sharing agreement was being terminated after a decade.
The band’s attorneys claim that McCallum attempted to trademark the Alice In Chains name. They also state that she’ll be able to collect royalties on songs her son wrote or co-wrote, and they’ve paid her far more than she’s due. In a letter filed with the court, band attorney Peter Paterno states that they hired an accountant to determine the value of Staley’s share in the band and arrived at $341,000, which is less than the $705,000 that has already been paid out to Staley’s heirs. It also says that if McCallum doesn’t drop her attempt to trademark the band’s name, they may counter-sue.
Last week, the metal world was shocked to learn that As I Lay Dying singer Tim Lambesis had been arrested for attempting to hire a hitman to kill his estranged wife. While he has pleaded not guilty, the prosecution’s accusations at the arraignment (saying they have audio of Lambesis’ exchange with an undercover cop) as well as claims his ex-wife previously made in divorce documents paint a pretty bleak picture for the singer. However, Lambesis’ lawyer Anthony Salerno stands by his client’s not guilty plea, claiming that Lambesis may have been the victim of a setup.
Salerno recently took part in an interview with Artisan News to discuss the matter. In addition to revealing that the charges were initially a lot heavier (with the potential consequences being life in jail instead of the nine years he faces if found guilty), the attorney also insinuates that someone may have given false information about Lambesis to authorities in order to “save his own skin.” Audio of the entire interview can be heard below, but here is what Salerno had to say regarding the potential setup:
“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.”
Then Salerno mentioned that it seem somewhat coincidental that the estranged wife Meggan’s brother was a San Diego Sheriff’s deputy, saying:
“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 little bit… it’s at the bare minimum very coincidental, and it may be more than that.”
We’re still trying to determine whether Meggan’s brother is indeed employed by the San Diego police department. However, though that definitely is a major coincidence, it still doesn’t change the fact that prosecution supposedly has audio of Lambesis attempting to hire a hitman to murder his ex-wife. As of this weekend, Lambesis is still being held in custody on a $3 million bail, while his next court date is set for June 10.
Audio of Salerno’s interview with Artisan News can be heard in the video below. Read more »
As Tim Lambesis prepares for his arraignment later today for plotting to hire a hitman to murder his wife, the San Diego Union Tribune has uncovered court papers from his wife Meggan when she’d filed for divorce in September 2012. Citing “irreconcilable differences,” she claimed that she’d seen changes in his behavior that concerned her regarding the ability to care for their children. The pair had three children, all Ethiopian, that they’d adopted in 2009 and 2011.
“Specifically,” Meggan Lambesis wrote, “he has become obsessed with bodybuilding and spends a great deal of time lifting weights, hanging out in the gym, and being unavailable to the children.
She said her husband had fallen asleep while supervising the children at the beach or near the pool, and would ignore them while texting or talking on the phone.
Further, she said that Lambesis was away on concert tours about six months a year, had twice visited his then-girlfriend in Florida, and was staying at his parents’ Del Mar Country Club home. She said he spent thousands of dollars on tattoos for himself last year and purchased high-end vehicles.
Meggan Lambesis had been a private school teacher, but quit to be a stay-at home mother. In the proceedings, she’d submitted their 2010 tax return showing they’d made $233,000 in gross income. That’s probably taking her salary into account, but that’s still a relatively comfortable living. More recently, Lambesis launched an indiegogo campaign for a third Austrian Death Machine album. The campaign had a goal of $63,000, but made $78,170. That’s a lot of money, especially considering that Lambesis has his own studio. Wonder how those three people that paid $500 to have Tim be their personal trainer for a month feel?
Meanwhile, there’s plenty of Tim Lambesis apologists, and while he hasn’t been formally charged yet, many are taking to Twitter to say essentially that Meggan Lambesis deserved to die because she’s a bitch. Tumblr account Public Shaming has compiled the tweets of some truly ignorant dickbags (and yes, dickbags, they’re almost all male) condemning Meggan. The “Free Tim Lambesis” movement probably isn’t going to go far, and if these tweeters are trying to be funny, they’ve failed miserably.
We’re still trying to wrap our heads around the fact that As I Lay Dying frontman Tim Lambesis was arrested on suspicion of hiring a hit man to kill his estranged wife. And while the singer is set to be arraigned on Thursday, May 9, Lambesis’ bandmates are just as shocked as we are.
Drummer Jordan Mancino, guitarist Nick Hipa, guitarist Phil Sgrosso, and bassist/clean vocalist Josh Gilbert issued the following joint statement:
“To our fans,
As we post this, the legal process is taking its course and we have no more information than you do. There are many unanswered questions, and the situation will become clearer in the coming days and weeks. We’ll keep you informed as best we can.
Our thoughts right now are with Tim, his family, and with everyone else affected by this terrible situation – and with our fans, whom we love and draw strength from. Thank you for understanding, and as always, for your support of As I Lay Dying.
- Jordan, Nick, Phil, and Josh”
As mentioned before, Lambesis will be arraigned on charges of solicitation to commit murder and conspiracy to commit a crime tomorrow (May 9) in Vista, CA. If he’s found guilty, he could find himself in prison for 3-9 years. Unsurprisingly, his bandmates seem to know as much as we do (which is very little). It still remains a safe bet, though, that As I Lay Dying won’t be touring with Killswitch Engage this summer. Either way, we can’t help but feel sorry for the band during this horrific ordeal.
Women, huh? You can’t live with them, you can’t arrange to have them killed. Seriously, we’re still trying to wrap our heads around the fact that As I Lay Dying frontman Tim Lambesis is currently being held in California on suspicion of hiring a hit man to kill his estranged wife. We’ll likely find out more tomorrow (9), when Lambesis is scheduled to be arraigned.
sdsherrif.net shows that he’s scheduled to be arraigned at 1:30 tomorrow in Vista, CA, which is where he’s currently being held at the Vista Detention Facility. He’ll be arraigned on charges of solicitation to commit murder and conspiracy to commit a crime. If he’s found guilty, he’ll be in jail for a while, as just the “solicitation of another to commit murder” charge can land him in prison for 3-9 years. Lambesis and his wife Meggan have been separated since September, when she filed for divorce. The couple have three adopted children.
It’s pretty indefensable if Lambesis actually plotted to have his wife killed. He certainly bulked up between The Powerless Rise and Awakened, but even if he was out of his mind on steroids, that doesn’t make it any less horrific that the singer would try to kill a woman that he’s raised three children with.
While no announcement has been made yet, it’s safe to assume that As I Lay Dying won’t be touring with Killswitch Engage, as they’d been scheduled to. That tour kicks off on May 30.
We’re still taken aback by this, but vocalist Tim Lambesis of As I Lay Dying and Austrian Death Machine has supposedly been arrested for attempting to hire a hitman to kill his estranged wife. According to FOX 5 San Diego and Reuters, the singer was arrested at a store in Oceanside, CA around 2pm PST today (May 7) after allegedly soliciting an undercover detective to murder his spouse, according to the San Diego County Sheriff’s Department. Police reportedly started their investigation on Lambesis last Thursday, after learning he was supposedly trying to get someone to commit the act. He was booked into the Vista Jail on suspicion of solicitation of murder.
Details are still emerging, but this has certainly blindsided us. After all, Lambesis has been pretty busy as of late, touring with As I Lay Dying (with another tour slated for this summer), launching a crowdfunding campaign for Austrian Death Machine’s next album, and just released the debut EP from Pyrithion. And this is certainly a horrible thing to be accused of. As of now, Lambesis’ bands and label Metal Blade have yet to issue a statement about the matter, but hopefully more will be explained soon. As for now, we’d presume that As I Lay Dying’s tour with Killswitch Engage, which was supposed to kick off on May 30, is on hold for now.
UPDATE: A PDF of the official press release from the San Diego County has been released, a screenshot of which can be seen below. Read more »
It hasn’t been a great year so far for Nicko McBrain’s family. Early Friday morning (April 26), the Iron Maiden drummer’s son Justin McBrain was reportedly arrested for allegedly burglarizing an occupied dwelling and 2nd degree petit theft. He is being held on $25,000 bond in the Palm Beach County Jail.
According to BocaNewsNow.com, deputies responded to a West Boca home after receiving a call that Justin forced his way inside. The female homeowner told officers that McBrain had knocked repeatedly and then pushed his way in when the door was opened. McBrain allegedly then rifled through the woman’s purse, taking a half-eaten chocolate bunny, half of an orange, a belly ring, cosmetics, and a freezer pack.
The arrest of Nicko’s son comes weeks after word got out that his wife Rebecca was arrested after allegedly trying to “stab someone in their home with a ‘decorative lance’” in their Boca Raton, FL home. She then attempted to throw logs at the victim, causing minor injuries. Nicko has also experienced his fair share of legal trouble in the past as well. No word, though, on whether Justin has made bail yet.
It was revealed earlier today that Iron Maiden drummer Nicko McBrain’s wife, Rebecca McBrain, had been arrested on February 24 and charged with battery. According to BocaNewsNow.com, Mrs. McBrain was arrested after allegedly trying to “stab someone in their home with a ‘decorative lance’” in their Boca Raton, FL home and then “threw logs” at the victim, causing minor injuries.
The drummer’s wife was reportedly booked into the Palm Beach County Jail and later released on $3,000 bond. McBrain is said to be due in court on May 3 to defend herself against the allegations made. Initial reports stated that Nicko was the alleged victim in the incident, but now it’s being claimed that the victim’s identity has yet to be revealed.
Considering that this happened back in February, we’re a tad surprised that news of Mrs. McBrain’s (who is 50 years old) is just leaking now. Then again, as Metal Sucks points out, Nicko has had his fair amount of legal trouble in the pas as well.
[by way of Blabbermouth]