As you may recall, As I Lay Dying
vocalist Tim Lambesis
was bound over for trial after a September 16th preliminary hearing
in his murder-for-hire case. At the time, his next court appearance was slated for October 22nd. However, that date came and went without a word, and we've since received a few inquiries regarding the status of his case.
So we did a little work and Lambgoat has learned that on October 22nd, Lambesis's attorney was apparently tied up with another trial, so the judged permitted a delay. Consequently, Lambesis is now slated to appear before Judge Aaron Katz on Wednesday, November 13 at the North County Superior Courthouse in Vista, CA for an "arraignment on information" hearing.
Vista criminal defense attorney Vincent Ross explains this type of arraingment:
"After the preliminary examination, if the case is bound over for trial, the complaint (the document setting forth the charges against you) is deemed an 'information'. The complaint has now been supported by some evidence. [The defendent] will be arraigned again on the 'information'. [The defendent] will enter a plea of not guilty to the charges and allegations. The prosecutor may amend the information to conform to facts proved at the preliminary examination by the probable cause standard."
So we presume that the result of Wednesday's arraingment will be a plea of "not guilty" from Lambesis, with a date set for a pre-trial hearing. There is a small chance that some sort of plea deal will be worked out by Lambesis's attorney, but we're not expecting it. Of course, either way, we'll keep you posted.