Quick Take
Prosecutors in the murder trial of Theo Lengyel began their closing argument, aiming to paint the defendant, a former rock musician charged with killing Alice “Alyx” Herrmann of Capitola last year, as having a history of violence and aggressive behavior, specifically toward his romantic partners. They hope to convince the jury to convict Lengyel of first-degree murder, and pointed to a dramatic recording of an argument between Lengyel and Herrmann that was played during the trial that appears to capture Herrmann’s death.
After six weeks of presenting evidence in the murder trial of Theo Lengyel, the former rock musician on trial for the death of Alice “Alyx” Herrmann of Capitola in December 2023, attorneys started closing arguments on Tuesday afternoon.
Santa Cruz County Assistant District Attorney Emily Wang addressed the jury for about two hours, attempting to establish a pattern by Lengyel of aggressive and violent behavior across many years before having to end for the day. She pointed to a dramatic recording played earlier in the trial of an argument between Lengyel and Herrmann that appears to capture Herrmann’s death.
Lengyel has pleaded not guilty to a murder charge and an auto theft charge.
Lengyel, 55, was a horns player for the rock band Mr. Bungle from 1985 through 1996. He has lived and worked in El Cerrito for several decades and began dating Herrmann shortly after meeting her in 2017. When Herrmann, 61, went missing in December 2023, Lengyel quickly became a person of interest, and police said he later told authorities where to find Herrmann’s body within Tilden Park in Berkeley.
Wang brought up a major piece of evidence that the jury heard last week — a three-hour recording that appeared to include Lengyel making death threats, physical violence and Lengyel eventually strangling Herrmann. Wang reiterated that the recording was “brutal and horrific,” and that Herrmann can be heard struggling, fighting back and asking for help.
“You heard as he put his arm around her neck and gripped harder and harder as the life was literally squeezed out of her,” said Wang. “You were there when this woman left this earth.”
Wang then took jurors back through the many witnesses called to the stand over the past month-plus. That included a number of friends, family members and acquaintances that spoke to Lengyel’s demeanor, personal issues and temper. Among the most notable was Joleen Welch, Lengyel’s ex-wife, to whom he was married for 16 years. She alleged that, while the two had some good years together, the relationship turned abusive as time went on. She was granted a domestic-violence restraining order against Lengyel in 2017.
Wang also discussed testimony from Herrmann’s friends and other witnesses from the town of Hana on the Hawaiian island of Maui, where her family lives. She recalled the testimony of Misty Poole, a friend to whom Herrmann reached out on numerous occasions when she was in fear for her safety. Poole said that when she went in to hug Herrmann, Herrmann was shaking noticeably. Another man, Josh Perry, who did not know Herrmann or Lengyel, testified that he once saw Lengyel trying to keep someone from driving away. He was yelling that he would kill the driver and appeared to throw punches inside the window. He later found out that it was the car of Claire Carroll, a friend of Herrmann’s, and that Herrmann was the driver at that time.
Lengyel’s brother, Jed, testified that he and Lengyel would speak relatively frequently about ways he could improve his relationship and the fact that Theo Lengyel likely needed professional help. His sister, Tess, testified that she witnessed her brother grow aggressive towards their stepfather at a Thanksgiving gathering, and that he once beat a family dog during a reunion. When she told Lengyel that he might need to go to rehab for alcoholism, he allegedly berated her with a slew of vulgar names and insults. She eventually got her own restraining order against him.
Wang said that all of these witness testimonies highlight the same type of aggression, temper and cruelty despite the fact that many of these people had no way of knowing what each other had gone through.
“There are so many different common threads that are woven through the testimony of all these people who don’t know each other,” she said, adding that the major factors at play are that Lengyel reacts violently and aggressively when he is told “no,” and that he is violent toward romantic partners. “All of these witnesses corroborate each other.”
Wang argued that, when one considers the disturbing recording that appears to capture Herrmann’s death, it becomes even clearer.
“Before we even listened to the recording, we had all these people tell you what the defendant was like, and in the recording, he shows you,” she said. “Every single witness that has come in to talk to you is in there.”
Closing arguments continue Wednesday morning, when the prosecution will wrap up, and Lengyel’s attorney, Annrae Angel, will present her closing arguments. The prosecution is allowed a rebuttal.
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