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"Tim never had the intention to harm his wife, absolutely not,” an attorney for the lead singer of a heavy metal rock band said today.

Timothy Peter Lambesis, 32, who is a co-founder of the band As I Lay Dying, was charged with trying to hire someone to kill his wife, in a San Diego County courtroom yesterday.

“This whole thing was a set-up by a scumbag snitch, and then law enforcement ran with it,” said criminal defense attorney Anthony Salerno in a statement today, May 10, 2013.

Tim Lambesis gave an envelope with cash and photographs and the address of his wife to an undercover agent who works for the San Diego County Sheriff’s department, according to prosecutor Claudia Grasso. The prosecutor claims to have a recording of Lambesis specifically requesting the murder of his wife, with whom he is reportedly having a contentious divorce.

“None of this would ever have happened were it not for over-eager entrapment,” the defense attorney for Lambesis said today. “The investigators were over-reaching. They booked Tim for conspiracy to commit murder, but that didn't stick.”

Tim Lambesis was originally booked into jail on suspicion of two felonies: conspiracy and murder-for-hire, according to Sheriff’s records. The conspiracy charge was dropped before Lambesis was arraigned in court yesterday. (The Sheriff controls jails and prisoners in San Diego County.)

“They sought no bail, and then $20 million bail, but that didn't stick either,” attorney Anthony Salerno pointed out.

Tim Lambesis was arrested May 7, and held in custody two days without bail. At his first court appearance on May 9, the prosecutor first asked that the accused continue to be held without bail, claiming Lambesis is a flight risk and that his wife Meggan now lives in fear of assassination. Prosecutor Claudia Grasso then requested that if the judge wanted to set a bail amount, she suggested $20 million as the appropriate amount.

San Diego Superior Court Judge Martin Staven set bail at $3 million, and ordered restrictions on Tim Lambesis’ movements, if he is able to post bail.

“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," defense attorney Anthony Salerno stated today.

Tim Lambesis is next scheduled to be in San Diego’s North County Superior Courthouse on June 10, 2013, before the Honorable David Berry.

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