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3:58 p.m., Feb. 19
There was a hearing in San Diego County Superior Court for the lead singer of a heavy metal rock band, Timothy Peter Lambesis, this afternoon, Friday, August 2, 2013.
The singer and co-founder of the band As I Lay Dying did not make an appearance, instead his private defense attorney presented a list of thirteen different items he wanted returned. All the items had been seized the same day Lambesis was arrested, in May of this year; he bailed out after three weeks and has since been under house arrest.
Defense attorney Thomas Warwick Jr. specifically requested a black metal box, and a blue bank bag found in the metal box containing $10,862, and $1512 loose cash.
Prosecutor Claudia Grasso argued that every item on the list has value as evidence, and she particularly mentioned “the cash in a metal box.”
“This case is about money,” the prosecutor said. She repeated her allegations that Timothy Lambesis offered “money to have his wife killed” to an undercover officer posing as a hitman.
“And there was a discussion about money, the price of this hit was going to be twenty thousand dollars,” prosecutor Grasso said. “And the hitman had a discussion with the defendant about, ‘Don’t take the money out the bank in one lump sum because it could raise suspicion.’ And the defendant’s words were, “I anticipated this, I have cash at home, I have cash in a locker.’ So this talk about cash goes to substantiate the planning and his thought process that went into this potential solicitation to have his wife killed.”
The defense wish-list of items to be returned also mentioned a cell phone and different computers and hard drives, but the prosecutor argued that those are still being analyzed by a computer forensics lab.
Honorable Judge Kimberlee Lagotta ruled that the items will not be returned before a preliminary hearing, which is currently scheduled for September 16. The defendant’s divorce from his wife Meggan might be finalized by that time. They have been married nine years, since June 2004.
Timothy Lambesis, 32, pleads not-guilty to one felony charge of solicitation to commit murder, for which the maximum possible sentence is nine years, according to the prosecutor.