Maryland U.S. Attorney Rod J. Rosenstein said in an interview yesterday that the decision to seek the death penalty was made by U.S. Attorney General Michael B. Mukasey after a thorough review process that involved meetings with defense attorneys and prosecutors. Rosenstein added that Mukasey took into consideration the defendant's background and the circumstances of the crime.
The indictment states that the defendants and others obtained a loaded .44-caliber handgun and went to Lackl's home. Prosecutors said the suspects lured Lackl outside by pretending interest in buying a Cadillac he was selling. The callers offered him an additional $200 for the car and insisted on seeing it that evening.
Just after nightfall, one of them called Lackl, said he could not find the house and that Lackl should walk toward the street. As Lackl came forward, a dark car pulled up and a 15-year-old boy shot him three times, according to court documents.
After the shooting, the suspects met in East Baltimore, where a co-conspirator who traveled to Lackl's residence was paid for the murder on behalf of Byers, court documents say.
State charges against the alleged shooter, Johnathan Ryan Cornish, now 16, have been dropped, and he was not named in the federal indictment. Others in the case facing murder charges are Frank Keith Goodman, 22; Steven "L-Tigga" Thompson, 27; and Michael Jerome "L-Killa" Randle, 19.
It is unclear from the indictment how Byers might have learned about Lackl's role in the case. But according to the original account by Baltimore County police - who started the investigation - Byers sent a text message calling for Lackl's killing to a BlackBerry in the possession of one of the other suspects, described in court documents as a friend who had visited Byers in jail more than 20 times.
In April, Baltimore prosecutors dropped the original murder charges against Byers, saying a trial might interfere with the federal case.
Added charges
The indictment filed by federal authorities yesterday adds two counts to charges already lodged in February: charging Byers with illegally possessing a firearm on March 4, 2006, having previously been convicted of a felony crime, and use of a firearm in furtherance of a drug trafficking crime.
Other charges from the original indictment include conspiracy to use telephones in the commission of a murder-for-hire; use of telephones in a murder-for-hire; use of a firearm in a murder; conspiracy to murder a witness; murder of a witness; and conspiracy to use a firearm in a crime of violence.
Byers' trial date is set for March 9, 2009.
Since the original indictment handed down in February, state prison authorities have renewed efforts to confiscate cell phones, including using specially trained canines.
brent.jones@baltsun.com
julie.scharper@baltsun.com
