On November 13, 2012, the spokesperson of the Prague State Attorney's Office announced that the police had formally closed their investigation and proposed to the State Attorney to indict Blythe. After reviewing the case file, the State Attorney indicted Blythe on the
aforementioned charges on November 30, 2012. Two weeks later, a judge set the trial to commence on February 4, 2013, with a plan to conduct the hearings in four consecutive days. Blythe was summoned to attend the hearing in person. The case was heard by a panel of the Prague Municipal Court, consisting of presiding professional judge Tomáš Kubovec and two
lay judges. Trials in the Czech Republic are public. In general, the court is bound to decide on the deed as stated in the indictment; however, it is not bound by its legal assessment by the State Attorney. Both the defendant and the State Attorney may appeal the decision; the appeal would be heard by a panel of the Prague High Court, consisting of three professional judges. A decision of second instance court is final and enforceable. Nevertheless, an extraordinary appeal may be lodged by the defendant or the Supreme State Attorney, which would be heard by the
Supreme Court of the Czech Republic in
Brno; an extraordinary appeal may, however, rest only on issues of law and does not provide for full review of the case. After exhausting all of these remedies, the defendant may also lodge a petition to the
Constitutional Court of the Czech Republic. The petition may be based on allegation of violation of rights under the
Czech Constitution and
Charter of Fundamental Rights and Basic Freedoms.
State Attorney Vladimír Mužík Indictment against Blythe was brought by State Attorney Vladimír Mužík. Mužík had tried a number of murderers, such as Luboš Mika (life in prison), Roman Fidler (life imprisonment at 1st instance, 25 years on appeal), Maria Zolotukinová (13 years imprisonment) and Petr Procházka (11 years imprisonment). He also tried a case against
Andranik Soghojan, an alleged
head of Russian mafia, requesting 25 years in prison for ordering a murder. The Municipal Court in Prague acquitted Soghojan due to lack of evidence; however, the decision was repealed on appeal by the High Court, and the case will be heard again by a different tribunal of the Municipal Court. Another of Mužík's murder cases which ended in acquittal due to insufficient evidence is that of Miroslav Rus, who was indicted in connection with disappearance of Miroslav Kříž, a vice-chairman of the
Czech Football Association.
Defense lawyers Randy Blythe was represented by Prague lawyers Martin Radvan and Vladimír Jablonský. Radvan studied law at the Faculty of Law of
Charles University and
New York University School of Law. From 1990 to 1992, he served as external advisor to the then-
Prime Minister Marián Čalfa. A former partner at
Baker & McKenzie, Radvan established Radvan & Co. in 1996. He is also a member of the board of directors of
Forum 2000. Jablonský gained fame as an attorney for his representation of Yekta Uzunoglu, a
Kurdish national who was first charged in 1994 with preparing to commit three murders and committing blackmail and torture. His prosecution became one of the longest criminal cases in the Czech history, as the witnesses and alleged victims gradually withdrew or changed their testimonies against Uzunoglu until he was exonerated by the Municipal Court in Prague in 2007. The court held that although the crimes did take place, there is no evidence that Uzunoglu took part in them. Jablonský had also represented Pavel Nagy, who was indicted of accepting a bribe. The proceedings ended with Nagy being found insane and criminally not liable. Jablonský also acted as a defense attorney in the case of a hairdresser of Czech VIPs indicted on charges of rape and torture. During the proceedings, the judge sent Jablonský to face the disciplinary commission of the Czech bar association for what he perceived as "behaviour bordering on contempt".
Day 1 of the trial The trial started on February 4, 2013. Blythe testified that when he wanted to see the club before the concert, Lamb of God's technician told him that the club was terrible and messy. According to Blythe, the technician went on, saying that the stage was small, there were too many people, and that it was rather dangerous. by Czech newspapers, and who was scheduled to testify later during the proceedings, managed to climb the stage twice without being stopped by security. Blythe further said that he saw Pořádek trying to reach the stage yet again before finally being stopped by security. It was not until the arrest two years later that he found out about Nosek's death. Blythe also alleged that after learning about Nosek's death, he had written a letter to the Nosek family, in which he offered help and a meeting in-person. Daniel Nosek's father, however, testified that the family has not been contacted by anyone from the band nor by the defense team. Nosek's father confirmed that his son had been healthy up until the day of the incident. Among them were friends of Daniel Nosek. Nosek and three friends had come to attend the concert from
Vrchlabí, a town in mountains some northeast of Prague. They described Nosek as a huge fan of Lamb of God who had been able to secure an
autograph from a guitar player before the concert had started. Nosek's friend Jan Jebavý testified that Nosek climbed the stage, and as he turned around towards the crowd he was pushed by Blythe off the stage. Among other things, one of the witnesses originally alleged that Nosek and Blythe shook hands or that one of them offered hand to another on stage; however, at the court hearing, he testified that there was no prior contact between them. Another witness who had attended the concert at the rear of the crowd testified that Blythe's behavior was standard to metal concerts, saying that metal bands always put on angry and tough acts and the concert at issue was no exception.
Day 4 of the trial On February 7, 2013, only one witness took the stand before the hearing was adjourned. Lukáš Havlena contacted the defense after reading about the trial in newspapers because he "didn't like the description of the situation" by the previous witnesses. He also said that each time somebody got on the stage, Blythe demonstrated that they were not allowed there. The two expert witnesses agreed that Blythe is not aggressive; nevertheless, he may have issues with controlling his emotions under stress. The court further heard testimonies from two eyewitnesses. One of them was a bodyguard who was present at the concert but did not see the fall. He testified that when by the exit, he saw two men taking a third man out of the building to fresh air. He said that he was told by them that the person fell off the stage. The ambulance arrived 5–10 minutes later. According to her, the shove was strong enough for Nosek to fall behind the front row of the fans into a place where no fans were staying at the moment. She testified that Nosek fell backwards.
Day 6 of the trial A defense-appointed expert witness in the field of
biomechanics testified on March 5 that Nosek could not turn 180 degrees during the fall and that should he be falling forward, he could not have sustained an injury to the back of his head. He further said that if Nosek fell over the first row of the fans, he must have been not only pushed, but must have jumped himself. A Nosek family representative said that based on the witness testimonies, the family did not believe that Blythe was solely responsible. He continued that he would not be substantiating the requested amount, as no money could replace the loss the family has suffered. The verdict could have been appealed by the Supreme State Attorney (SSA) to the
Supreme Court. As the appeal had not been lodged by SSA within two months of the delivery of written second instance verdict, it has now become final. In 2015 Blythe demanded around 15 million CZK for damages but the Municipal Court for Prague 2 dismissed the suit. ==Reaction ==