Oct 01, 2024
SANTA CRUZ, Calif. (KRON) -- On Tuesday jurors listened to a grueling, three-hour-long audio tape that was recorded by a Santa Cruz County homicide victim's phone as her boyfriend allegedly tortured and strangled her to death. Jurors could not see Alice "Alyx" Kamakaokalani Herrmann, but they could hear her as she begged her boyfriend, Theobald "Mylo" Lengyel, to stop and let her live. It's unclear if Herrmann intentionally recorded her own homicide using the iPhone app, "Just Press Record for iOS," or if the app inadvertently recorded. Lengyel, 56, of El Cerrito, is charged with murdering Herrmann, 61, inside her Capitola home in December of 2023. He has pleaded not guilty. The trial, which began on August 22, took a dramatic turn Tuesday when the chilling tape was revealed for the first time to the jury. District Attorney's Office Inspector Steven Ryan testified that investigators did not discover the audio file until Sept. 22, 2024, weeks after Lengyel's murder trial began. Theobald Brooks Lengyel is seen in a photo released by the El Cerrito Police Department. The accused killer is a saxophonist and former member of the ’90s rock band Mr. Bungle. Santa Cruz County Superior Court Judge Nancy de la Pena allowed prosecutors to play the tape over objections from Lengyel's defense attorney. On Tuesday, jurors were handed transcripts to read while the audio played in the courtroom. Prosecutors did not edit out any portions of the lengthy tape, including when the couple is not talking. As the audio played, the accused killer kept his head down, covered his left ear with his hand, and periodically wiped his eyes. Halfway through the tape, Judge Pena called for a break to let the jurors walk around the courthouse and get some air. One juror used a tissue to wipe tears away from her face as she slowly paced along a courthouse hallway. Homicide audio tape played in court The recording begins at 8:56 p.m. on Dec. 4, 2023 while Herrmann and Lengyel were inside the victim's Capitola house on 43rd Avenue. Lengyel can be heard playing a piano. At 9:09 p.m., the couple begins arguing. Lengyel says he wants to go out to play pool, and he insists that his girlfriend accompany him. Herrmann repeatedly says she does not want to go because she has to work in Berkeley the next day. "Why is it so important to you? Why is it a contest of wills? Have a fun time," Herrmann says in a frustrated voice. She urges her boyfriend to go without her, washes dishes, and says she wants to go to bed. At 9:53 p.m., Lengyel begins threatening his girlfriend directly, stating, "I could mash your f***ing brain." Herrmann says drinking alcohol makes their fights worse. "When you drink, this s**t happens, we fight," she says. Lengyel replies, "When we fight it's actually because you are drinking. I'm always drinking, all day, every day. And the only time we fight is when you drink." Herrmann pours out a bottle of liquor into the toilet and flushes. Ex-rocker asked Palo Alto woman for help with murder plot, witness testifies At 10:08 p.m., Lengyel threatens to kill the couple's dog, named Trav. "How about I just kill Trav to demonstrate how I could kill you?" he asks. Herrmann orders her boyfriend to leave her house. She says, "You need to go out. You should find another girlfriend. Bye! Bye! Bye, why are you still here?" Lengyel begins yelling with anger. According to prosecutors, at 10:39 p.m., the verbal argument escalated into a physical altercation. Lengyel gets on top of Herrmann, pins her down, and asks, "Are you at my mercy right now?" Prosecutors wrote in court documents, "From 10:40 p.m. to the time of her death at 11:33 p.m., defendant has Ms. Herrmann under some form of physical restraint. Defendant is either sitting on top of Ms. Herrmann or restraining her arms. Ms. Herrmann attempts to struggle out." At 10:58 p.m., Lengyel asks his girlfriend, "Do you want want to have a ... truce right now. You wanna live?" Herrmann tells Lengyel that their relationship is over. "Leave," she says. "Get out. Get off me." At 11:16 p.m., Herrmann begins crying. Prosecutors showed the jury a photograph from Lengyel's phone. He apparently snapped the photograph to document an injury on his arm that appears to be a bite mark. At 11:20 p.m., Herrmann is fighting for her life and bites his arm, prosecutors said. At 11:21 p.m., Lengyel is strangling the victim. He says, "You're gonna f***ing die right now. Are you ready?" At 11:22 p.m., Herrmann says, "What's happening to my face? I can't see." At 11:29 p.m., a scuffle can be heard. At 11:30 p.m., Herrmann is gasping and groaning for air. Lengyel says, "Okay. How do you want to die? Blunt trauma or something else ... think you should be choked to death? How about that." At 11:31 p.m., she says, "Stop it. You want your kids to be the kids of a murderer? Come on, stop it." Lengyel replied, "It's too f***ing late for that." Between 11:32 - 11:33 p.m., Herrmann is screaming and says "stop it" 53 times. After 11:33 p.m., Herrmann's voice starts to falter. Prosecutors wrote in court documents, "The recording appears to end when the defendant realizes the phone is recording and stops the application at 12:11 a.m. on December 5, 2023." After finding the "Just Press Record for iOS" audio file, the District Attorney's Office requested that the judge grant an enhancement to murder charges for torture. The judge has not made a ruling on the DA's torture motion. Herrmann was last seen alive on Dec. 3, 2023. That morning, the ocean-loving Hawaiian native joined her canoe club teammates with Santa Cruz Outriggers for a paddling workout in the harbor. Herrmann was an employee of Moody’s, a Berkeley-based finance firm, and often worked from home in Capitola, Lookout Santa Cruz reported.  In January of 2024, police found Herrmann’s body hidden in the wilderness of Berkeley’s Tilden Park. Inspector Steven Ryan testified that he found Google Maps searches on the suspect's phone showing the exact location where the body was found. The searches were made on Dec. 8, 2023, Ryan testified. Ryan is an expert in digital forensics. He said investigators were able to bypass Lengyel's phone's security password systems to access its Google data. Investigators used a program that can test millions of potential passwords until the right one is found, Ryan testified. "It can take a few seconds, or literally years if it's an alpha numeric code. We were lucky, 101691, six digits. It took us under three days to crack that," he said.
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