Baltimore Sun

While on trial for ordering the killing of a witness in a separate murder case, Patrick Byers Jr. again used a contraband cell phone to silence a witness from jail, prosecutors alleged Monday, adding that this time he intimidated a man into recanting his testimony.

The disclosure, which came minutes after the jury was selected for Byers’ trial in the killing of Carl Lackl in 2007, suggests a security breach despite extraordinary measures to ensure juror and witness safety. Spectators must show identification to view the trial, and the identity of the jurors is being kept secret.

“I don’t quite understand how an individual at Supermax [the Maryland Correctional Adjustment Center] has access to a cell phone,” said U.S. District Judge Richard D. Bennett. “This is a very serious matter.”

Department of Public Safety and Correctional Services officials acknowledge that contraband cell phones are a major problem in the state’s prisons and jails. Last year, 947 phones were confiscated from prison cells, said spokesman Rick Binetti.

Byers, 23, is accused of using a cell phone while in jail on murder charges to order the shooting of Lackl, a key witness against him. He has pleaded not guilty to Lackl’s murder and other charges. If convicted, he could receive the death penalty. His co-defendant, Frank K. Goodman, 23, also pleaded not guilty; he faces life in prison if convicted.