If the killers of murder witness Carl Lackl thought they would prevent him from testifying, it didn’t work.
On Tuesday, a federal judge ruled that Lackl’s statements identifying murder suspect Patrick Byers, 23, can be used against the four men charged with carrying out a July 2, 2007, murder-for-hire.
“The statements made by Carl Lackl will be admissible,” U.S. District Judge Richard Bennett said Monday.
Byers’ attorney, William Purpura, said he expected the ruling.
“We understand the right of confrontation is lost,” he said.
Sitting in jail jumpsuits in court, Byers, Steven “L-Trigger” Thompson, 27; and Michael “L-Killa” Randle, 19, all of Baltimore City, waved and smiled to family members who sat in the ceremonial courtroom on Lombard Street in Baltimore.
“Daddy! Daddy!” one of the children of the suspects’ shouted as the men waved.
Nearby sat Marge Shipley, Lackl’s mother, who looked back at the children.
“My granddaughter will never get to see her father,” she said.
On July 2, 2007, the men obtained a loaded .44 Magnum handgun and went to Lackl’s home, where a co-conspirator, Johnathan Cornish, 15, used the gun to shoot Lackl, 38, of Rosedale, three times, killing him, authorities said.
Conspiracy members received a total of $2,500 as payment for the slaying, prosecutors said.
Cornish, Marcus Pearson, 26, Ronald Williams, 21, and Tammy Graham, 21, all of Baltimore City, were all charged in Baltimore County Circuit Court in the murder conspiracy but have not been federally indicted.
Federal prosecutors are seeking the death penalty against Byers — who allegedly ordered the hit from jail as he awaited trial — but not his co-defendants.
At a two-hour hearing Tuesday morning, Judge Bennett denied most of the defense attorneys’ motions, including barring prosecutors from mentioning that Byers is a convicted felon or a drug dealer.
“The jury is going to find out my poor client is a convicted felon?” prosecutor Jack Purcell said sarcastically, imitating Purpura. “This guy who’s here for two murders? … Everybody who knows Mr. Byers up there, knows he’s a drug trafficker. Everybody.”
Purcell said he also might introduce evidence from another witness allegedly shot in the chest by Byers.
“There’s an unusual propensity of witnesses to either die or not show up, and that’s the case for [this witness] who Mr. Byers shot in the chest at point-blank range,” he said.
The trial is expected to begin March 9.
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