Lawyers prosecuting former Mr. Bungle member Theobald 'Theo' Lengyel for the murder of his ex-wife, Alice 'Alyx' Herrmann, say that a recording recently discovered on her phone documents her violent death.
Authorities say Lengyel murdered his former partner on December 4, 2023, and buried her remains in Tilden Regional Park in Berkeley.
Lengyel, who played keyboards, saxophone and clarinet for Mike Patton's band from their formation in 1986 until 1995, and appears on on the band's early demos, their, 1991 self-titled debut and 1995's Disco Volante, had already been on trial for a month in the Superior Court of Santa Cruz, accused of Herrmann's murder, when the recording on her cellphone was discovered.
Lengyel does not dispute that he killed Herrmann, but his lawyers maintain that his actions did not amount to murder. His attorney Annrae Angel stated in court, "the evidence is going to show that he killed her, but it's also going to show that he loved her and that this relationship was very, very important to him."
Herrmann, was last seen in Santa Cruz, California, on December 3, and reported missing by her family on December 12, after she'd been out of contact for a week. Her car was later discovered outside Lengyel's apartment in El Cerrito.
According to The Berkeley Scanner, the recording on Herrmann's phone captured the violent struggle that preceded her murder.
The prosecution lawyers say that, while pleading for her life, Herrmann can be heard asking Lengyel, "You want your kids to be the kids of a murderer?" The recording allegedly captures the musician responding, "It's too fucking late for that."
"This was always, in the People's view, a brutal domestic violence homicide," prosecutors wrote.
Lengyel and Hermann were previously married, but filed for divorce in 2017 following a domestic violence incident. At that time, Hermann filed a restraining order against her former partner.
The trial against Lengyel continues.
