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{\an8}Oh, no.
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{\an8}It is one of the most
sensational criminal cases in the country.
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{\an8}Lyle and Erik Menendez,
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{\an8}the brothers accused of murdering
their rich parents in Beverly Hills.
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Beverly Hills, one of the most
expensive pieces of real estate.
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Beverly Hills is vibrant,
alive, chic, and sophisticated.
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โช The best things in life are free โช
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Beverly Hills was
really the American dream.
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{\an8}People wanted to live in those mansions.
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{\an8}People wanted to have that kind of money.
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And in the 1980s, Beverly Hills,
as well as the rest of the United States,
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00:03:22,368 --> 00:03:24,996
was really in the era of "greed is good."
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{\an8}90210 is one of the most
exclusive zip codes in the world.
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It's the place for the rich and famous.
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Everybody knows Beverly Hills.
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{\an8}If you live in Oklahoma,
you've heard of Beverly Hills.
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00:03:42,388 --> 00:03:46,017
{\an8}This was maybe
the safest place in America.
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Murders don't happen in Beverly Hills,
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and then two boys
don't kill their parents in Beverly Hills.
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At approximately 11:47 p.m.,
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uh, we received a 911 emergency call
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of possible shooting victims
at this location.
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{\an8}Our officers responded and did, in fact,
determine that there had been a shooting.
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It's not supposed to happen
in Beverly Hills.
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A movie executive and his wife
were brutally slain
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in their million-dollar mansion.
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There were no clues and no suspects.
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Neighbors say they heard
several gunshots and then screams
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shortly after ten o'clock Sunday night.
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The bodies of Jose Menendez
and his wife, Kitty,
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were found inside their Elm Drive home.
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{\an8}I got a phone call from my brother, Brian.
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{\an8}And he told me Kitty
and Jose had been shot.
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I... put the phone down,
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and I started running
around the house screaming.
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I... I couldn't... I couldn't bear it,
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and it's still difficult
thinking about it.
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00:05:12,562 --> 00:05:14,402
Now that you know
what has happened,
39
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do you have concerns tonight for yourself?
40
00:05:16,190 --> 00:05:19,152
Yes, somewhat. It's a very uneasy feeling
living in the neighborhood
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where something like this
has happened so close to home.
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{\an8}I recall distinctly
that when the police went into the den
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{\an8}where the two bodies were,
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that Jose Menendez's head had been...
the back of his skull had been blown off,
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and while they were there,
his brains fell out on the floor.
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There was brain matter
and blood, uh, dripping from the ceiling.
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00:05:41,466 --> 00:05:44,302
{\an8}The bodies were,
you know, in terrible shape.
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00:05:45,094 --> 00:05:48,389
{\an8}Shotguns, you know,
do horrible damage to a human body.
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00:05:49,515 --> 00:05:51,351
But the police were really curious
50
00:05:51,434 --> 00:05:54,687
about what happened to all the shells.
There were no shells.
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{\an8}Somebody had picked up all the shells
from the shotgun casings.
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00:06:00,777 --> 00:06:03,279
{\an8}I've been in this business
for over 33 years,
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00:06:03,363 --> 00:06:08,076
{\an8}and I've heard of very few murders
that were more savage than this one was.
54
00:06:08,159 --> 00:06:12,205
{\an8}Their college-age sons,
19-year-old Erik and 22-year-old Lyle,
55
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{\an8}said they found the bodies
after a night at the movies.
56
00:06:15,875 --> 00:06:18,586
They found the two brothers
out in front of the house.
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00:06:18,669 --> 00:06:21,005
They were hysterical.
They were overacting.
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00:06:21,923 --> 00:06:24,008
But the police were very nice to them.
59
00:06:24,509 --> 00:06:27,970
They were not treated as suspects
by the investigators at the beginning.
60
00:07:05,133 --> 00:07:07,293
Beverly Hills is
a different kind of police department.
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00:07:07,343 --> 00:07:11,013
They have much better customer service
for their citizens.
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00:08:40,895 --> 00:08:44,524
{\an8}Statistically, if you have
a domestic homicide,
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00:08:44,607 --> 00:08:48,986
you would be an idiot police officer
not to consider other family members.
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00:08:49,070 --> 00:08:50,988
On the other hand, this is Beverly Hills,
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00:08:51,072 --> 00:08:54,784
and the idea that the sons, at 21 and 18,
could have been so responsible
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00:08:54,867 --> 00:08:57,578
for such incredible acts of violence,
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00:08:57,662 --> 00:08:59,247
you have a tension here.
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00:08:59,330 --> 00:09:01,374
Could this really have been possible?
69
00:09:02,375 --> 00:09:04,377
Why? What's the motive?
70
00:09:05,711 --> 00:09:08,047
There's something weird going on here.
71
00:09:11,175 --> 00:09:16,264
I began covering the Menendez case
the day after the murders,
72
00:09:16,347 --> 00:09:20,685
and I have written a book
about the entire trial.
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00:09:23,521 --> 00:09:26,816
I met Erik and Lyle Menendez
at the Menendez mansion
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00:09:26,899 --> 00:09:28,901
at 722 North Elm Drive.
75
00:09:30,444 --> 00:09:32,905
And they were wearing tennis whites.
They were tan.
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They were laughing. They were joking.
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00:09:35,324 --> 00:09:38,536
I kept feeling, "This is so strange."
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00:09:39,036 --> 00:09:43,666
"How can they be living here
after this terrible crime took place?"
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00:09:59,181 --> 00:10:01,684
Lyle Menendez did 90% of the talking
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00:10:01,767 --> 00:10:04,186
the first day that I met
with the two brothers,
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00:10:04,687 --> 00:10:07,440
and he told me,
"We did so many things together."
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00:10:07,523 --> 00:10:11,277
"We loved each other so much.
We spent so much time together."
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00:10:11,777 --> 00:10:16,782
At one point, Lyle Menendez asked me
if I would like to work with the brothers
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00:10:16,866 --> 00:10:19,910
on a book about their father.
They thought he was such a great man.
85
00:10:30,713 --> 00:10:35,092
He said that the Menendez family
was really like the Kennedys.
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00:10:35,176 --> 00:10:40,222
That Jose was going to move to Miami
and run for the US Senate from Florida.
87
00:10:40,306 --> 00:10:45,895
Lyle said that he and Erik would like
to carry out their father's plans.
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00:10:53,277 --> 00:10:55,738
He's telling me these grandiose plans.
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00:10:55,821 --> 00:10:57,865
These guys are 18 and 21.
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00:12:06,350 --> 00:12:10,146
There was a memorial service
at the Princeton University chapel.
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00:12:10,229 --> 00:12:14,692
{\an8}The most poignant moment was
when Lyle read a letter from his father.
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00:12:15,359 --> 00:12:19,822
{\an8}It said, "I believe that both you and Erik
can make a difference."
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00:12:19,905 --> 00:12:21,782
"I believe that you will."
94
00:12:21,866 --> 00:12:25,035
"I encourage you
not to select the easy road."
95
00:12:25,119 --> 00:12:28,122
"I urge you to walk with honor
regardless of the consequences
96
00:12:28,622 --> 00:12:31,167
and to challenge yourself to excellence."
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00:12:31,834 --> 00:12:33,961
Friends of
Jose and Kitty Menendez
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00:12:34,044 --> 00:12:38,174
were surprised
at how cool and calm Lyle was
99
00:12:38,257 --> 00:12:41,719
and how beautifully
he eulogized his parents.
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00:12:43,137 --> 00:12:47,850
Erik and Lyle Menendez were each
handling the deaths of their parents
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00:12:47,933 --> 00:12:49,393
in very different ways.
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00:12:49,477 --> 00:12:55,274
Lyle Menendez really
kind of became like his father overnight.
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00:12:55,858 --> 00:12:59,403
Suddenly, he went
from being a goofy college kid
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00:12:59,487 --> 00:13:01,405
to wanting to be a business mogul.
105
00:13:01,489 --> 00:13:04,825
Friends say it was
a strange, swaggering imitation
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00:13:04,909 --> 00:13:06,535
of his businessman father.
107
00:13:07,036 --> 00:13:09,872
And for a while,
Lyle hired these bodyguards,
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00:13:09,955 --> 00:13:12,374
saying he feared for his own life
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00:13:12,458 --> 00:13:15,002
because his father had
a lot of business enemies.
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00:13:27,389 --> 00:13:31,185
Their behavior after the murders
was startling.
111
00:13:31,268 --> 00:13:32,394
They went shopping.
112
00:13:32,478 --> 00:13:36,357
Now, I love a good shopping expedition,
but this was crazy.
113
00:13:40,569 --> 00:13:44,198
They started spending the money
as if it was water,
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00:13:44,281 --> 00:13:46,450
as if they'd been desperate
for that kind of money.
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00:13:46,534 --> 00:13:50,621
Porsche Carrera,
Jeep Wrangler, three Rolexes.
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00:13:50,704 --> 00:13:53,165
Ching. Ching. Ching. Ching. Ching.
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00:13:53,249 --> 00:13:54,249
Spending money.
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00:13:55,209 --> 00:13:58,087
Erik dropped plans
to enter UCLA
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00:13:58,170 --> 00:14:02,007
and hired a $50,000-a-year tennis coach
to help him turn pro.
120
00:14:02,091 --> 00:14:04,677
Lyle bought a Porsche,
expensive clothes,
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00:14:04,760 --> 00:14:08,097
and a restaurant near the family's
former home in Princeton, New Jersey.
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00:14:50,180 --> 00:14:53,851
Contrary to the way some people
think, the police are not stupid.
123
00:14:54,351 --> 00:14:56,979
And when the brothers
started spending money,
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00:14:57,062 --> 00:14:59,189
the police were like, "Hmm."
125
00:14:59,273 --> 00:15:02,776
"Wonder if that would be a motive?"
126
00:15:04,820 --> 00:15:07,948
The thing is,
when you have a homicide inside a house,
127
00:15:08,032 --> 00:15:10,951
98% of the time,
it's someone you know, it's a relative.
128
00:15:12,244 --> 00:15:15,581
The suspicion was on the brothers,
even though they told the police
129
00:15:15,664 --> 00:15:17,499
they thought it was a Mafia hit.
130
00:15:19,293 --> 00:15:20,920
As they investigated,
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00:15:21,003 --> 00:15:22,838
they'd come to me and say,
"We have this now."
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00:15:22,922 --> 00:15:26,550
And I'd say, "Great, but there's
not enough to file a case yet."
133
00:15:27,509 --> 00:15:30,387
I needed the police to find me the guns,
134
00:15:30,471 --> 00:15:33,766
or find me where they bought the guns,
or something major like that.
135
00:15:36,393 --> 00:15:39,480
Finally, the investigators
ended up in San Diego.
136
00:15:39,563 --> 00:15:41,690
They found the place
where they bought the guns,
137
00:15:41,774 --> 00:15:46,987
using Lyle Menendez's
roommate's stolen ID card.
138
00:15:47,696 --> 00:15:50,240
The actual murder weapons
have never been found,
139
00:15:50,324 --> 00:15:53,911
but authorities say they believe
12-gauge Mossberg shotguns,
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00:15:53,994 --> 00:15:55,788
just like this one, were used.
141
00:15:55,871 --> 00:15:58,082
And when that happened,
the case was ready to go.
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00:16:02,252 --> 00:16:04,588
Today at approximately 1:20 p.m.,
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00:16:04,672 --> 00:16:09,677
{\an8}Beverly Hills police detectives
arrested Joseph Lyle Menendez, 22,
144
00:16:09,760 --> 00:16:12,388
for the August murders
of his mother and father,
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00:16:12,471 --> 00:16:16,725
Maria Louise Kitty Menendez
and Jose Enrique Menendez.
146
00:16:16,809 --> 00:16:19,103
Police say the motive
was apparently money,
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a $14 million inheritance
to be shared by the brothers.
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00:17:02,938 --> 00:17:06,025
Police arrested Lyle
at the family mansion yesterday.
149
00:17:06,108 --> 00:17:08,986
Younger brother Erik's reportedly
returning from an overseas trip
150
00:17:09,069 --> 00:17:09,903
to surrender.
151
00:17:35,387 --> 00:17:40,893
The day I learned
that Lyle and Erik were arrested
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00:17:40,976 --> 00:17:42,895
was a jaw drop.
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00:17:46,356 --> 00:17:49,276
For seven months,
it was kind of a local LA story.
154
00:17:49,777 --> 00:17:51,570
And in March of 1990,
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00:17:51,653 --> 00:17:55,657
it became a national
and international media phenomenon.
156
00:17:56,158 --> 00:17:59,453
Not many Hollywood murder mysteries
ever took a more dramatic turn.
157
00:17:59,536 --> 00:18:02,498
The bizarre twist
to a sensational California murder.
158
00:18:02,581 --> 00:18:05,125
They should suffer
just like their parents did.
159
00:18:06,210 --> 00:18:07,961
The public couldn't get enough.
160
00:18:08,045 --> 00:18:11,465
Overnight, the Menendez case
blew up all over the world.
161
00:18:15,010 --> 00:18:16,637
Oh, come on, they're so adorable.
162
00:18:16,720 --> 00:18:18,722
They are too fine to go to prison. Whoo!
163
00:18:18,806 --> 00:18:22,142
I know they don't exactly
have an airtight case, okay?
164
00:18:22,226 --> 00:18:25,729
Lyle went on a little bit of
a spending spree a week after the murders.
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00:18:25,813 --> 00:18:29,274
He got, um, a couple of Rolexes
and a $70,000 Porsche. But you know what?
166
00:18:29,358 --> 00:18:30,838
Sometimes you have to treat yourself.
167
00:18:30,901 --> 00:18:33,004
From the prosecutor's
point of view, it's a phone-in.
168
00:18:33,028 --> 00:18:36,782
Multiple shotgun blasts.
A classic motive, greed and anger.
169
00:18:36,865 --> 00:18:38,867
They wanna get their hands
on a $14 million estate.
170
00:18:39,701 --> 00:18:41,261
The story of the brutal murder
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00:18:41,286 --> 00:18:44,039
has suddenly become the most
sought-after property in Hollywood.
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00:18:44,623 --> 00:18:46,959
Two California brothers
have pleaded not guilty
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00:18:47,042 --> 00:18:49,211
to charges they killed
their wealthy parents.
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00:18:49,294 --> 00:18:53,090
{\an8}The arrest of Lyle and Erik Menendez
for the shotgun slaying of their parents
175
00:18:53,173 --> 00:18:54,967
{\an8}came as a surprise to family members.
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00:18:58,929 --> 00:19:01,223
I was at work.
I worked for the phone company.
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00:19:01,849 --> 00:19:05,602
Uh, Jose's secretary had called me
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00:19:06,228 --> 00:19:08,021
{\an8}to tell me they were arrested.
179
00:19:09,106 --> 00:19:12,234
{\an8}And I went around my office
screaming and yelling and...
180
00:19:13,443 --> 00:19:16,780
It was unbelievable to me
that... that this could be so.
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00:19:16,864 --> 00:19:18,490
I knew they had made a mistake.
182
00:19:18,574 --> 00:19:21,410
It couldn't be
that Lyle and Erik would have done this.
183
00:19:23,537 --> 00:19:27,249
Lyle Menendez initially told
all the family members,
184
00:19:27,332 --> 00:19:29,501
you know, this was a big misunderstanding.
185
00:19:29,585 --> 00:19:31,211
He and Erik were innocent.
186
00:19:31,295 --> 00:19:34,798
Most of the Menendez family
said there's no possible way
187
00:19:34,882 --> 00:19:37,384
that the brothers were involved in this.
188
00:19:39,094 --> 00:19:41,889
Family members,
including Lyle and Erik's grandmother,
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00:19:41,972 --> 00:19:43,765
believe in the brothers' innocence.
190
00:19:43,849 --> 00:19:45,976
{\an8}These boys killing father and mother?
191
00:19:46,894 --> 00:19:48,729
{\an8}No, no, and no.
192
00:20:42,741 --> 00:20:44,034
Is that okay?
193
00:20:44,117 --> 00:20:46,245
Frank, give me another XLR, quick.
194
00:20:47,204 --> 00:20:49,957
{\an8}Jury selection begins
in a murder trial,
195
00:20:50,040 --> 00:20:51,917
{\an8}and it's not your ordinary case.
196
00:20:52,000 --> 00:20:54,211
Lyle Menendez
and brother Erik
197
00:20:54,294 --> 00:20:56,046
are accused of killing their parents.
198
00:20:56,129 --> 00:20:57,422
Down in front.
199
00:20:57,506 --> 00:21:00,133
Come on, I've got a cameraman here
who's gonna get a shot.
200
00:21:00,842 --> 00:21:03,095
You practice running backwards?
201
00:21:03,595 --> 00:21:04,595
See?
202
00:21:06,640 --> 00:21:10,018
{\an8}I was thrilled to pieces
to cover this trial.
203
00:21:10,519 --> 00:21:13,063
I knew that this was
going to be a career maker.
204
00:21:13,146 --> 00:21:17,150
And I... I drew the lucky straw,
I... I suppose.
205
00:21:18,235 --> 00:21:22,864
I was already well aware
of the details
206
00:21:22,948 --> 00:21:27,411
{\an8}of having read everything
in newspapers and in magazines.
207
00:21:27,494 --> 00:21:30,831
{\an8}Even though they preferred
that you did not.
208
00:21:30,914 --> 00:21:34,459
{\an8}When I was called to jury duty,
I had no idea what the case would be.
209
00:21:34,543 --> 00:21:39,006
On the first day, there were rumors
that it was for the Menendez case.
210
00:21:40,382 --> 00:21:42,342
I didn't think that was possible
211
00:21:42,426 --> 00:21:45,345
because I thought
that had happened years earlier.
212
00:21:45,971 --> 00:21:48,890
So when I first saw Erik Menendez
walk into the courtroom,
213
00:21:48,974 --> 00:21:51,101
I knew for sure that it was.
214
00:21:51,184 --> 00:21:54,771
I'd never seen a murderer before.
As far as I knew, he was a murderer.
215
00:21:55,731 --> 00:21:59,818
This was going to be one
of the first televised celebrity trials.
216
00:21:59,901 --> 00:22:02,946
The trial was on
a new cable TV channel called Court TV.
217
00:22:03,697 --> 00:22:06,658
{\an8}We now return
to the Menendez brothers on trial.
218
00:22:11,038 --> 00:22:13,665
It was a murder trial as a reality show.
219
00:22:16,126 --> 00:22:20,505
You have every ingredient
you could possibly want in a trial.
220
00:22:20,589 --> 00:22:22,007
You've got Beverly Hills.
221
00:22:22,591 --> 00:22:26,136
You've got murder.
And then you've got one other ingredient.
222
00:22:26,219 --> 00:22:27,596
It's now on television.
223
00:22:28,972 --> 00:22:32,392
{\an8}Attorney Leslie Abramson
is representing Erik Menendez.
224
00:22:33,852 --> 00:22:37,147
{\an8}"Why aren't you nervous today?"
It's because I know this case so well.
225
00:22:37,230 --> 00:22:40,984
{\an8}I've lived this case. I've lived
their lives for three and a half years.
226
00:22:41,068 --> 00:22:43,362
{\an8}So there's nothing to be nervous about.
I know it.
227
00:22:43,987 --> 00:22:47,949
We wondered what drives
this tiny, brash, brainy woman
228
00:22:48,033 --> 00:22:49,743
with the in-your-face style.
229
00:22:50,327 --> 00:22:52,913
This 4-foot-11
Little Orphan Annie lookalike
230
00:22:52,996 --> 00:22:55,791
is 104 pounds of pure dynamite.
231
00:22:57,626 --> 00:23:01,755
Her trademark audacity has helped her
save a dozen people from death row.
232
00:23:01,838 --> 00:23:05,217
She's one of the foremost
criminal defense lawyers in the nation.
233
00:23:05,717 --> 00:23:09,721
Leslie Abramson was
a magnificent attorney.
234
00:23:09,805 --> 00:23:13,058
And you were aware of that
from the moment she started.
235
00:23:14,142 --> 00:23:17,270
If I told you what
I really thought of Leslie Abramson,
236
00:23:17,354 --> 00:23:18,355
I would be sued.
237
00:23:18,438 --> 00:23:20,524
'Cause she, I think,
has lost all her money.
238
00:23:21,024 --> 00:23:23,151
And I'm not giving up my house.
239
00:23:24,528 --> 00:23:26,863
{\an8}Jill Lansing,
a former public defender,
240
00:23:26,947 --> 00:23:28,573
{\an8}is Lyle Menendez's lawyer.
241
00:23:29,324 --> 00:23:31,952
{\an8}I remember the first day
I met him at the jail.
242
00:23:32,035 --> 00:23:34,913
{\an8}I said the same thing to him
that everybody else always asks me.
243
00:23:34,996 --> 00:23:37,350
{\an8}"It must be really terrible,
given the lifestyle you've had,
244
00:23:37,374 --> 00:23:38,374
{\an8}to be in jail."
245
00:23:39,167 --> 00:23:40,669
{\an8}And his answer was,
246
00:23:40,752 --> 00:23:43,547
{\an8}"In some ways,
it's easier than living at home."
247
00:24:05,610 --> 00:24:07,650
I had no reaction
to the Menendez brothers.
248
00:24:07,696 --> 00:24:09,573
There was no visceral reaction.
249
00:24:09,656 --> 00:24:12,784
I didn't feel like
I was in the presence of pure evil.
250
00:24:12,868 --> 00:24:14,995
They were like potted plants to me.
251
00:24:15,078 --> 00:24:16,955
They were like poisonous potted plants,
252
00:24:17,038 --> 00:24:19,833
but there was nothing about them
that I found fascinating.
253
00:24:19,916 --> 00:24:24,379
They were just these dumb jock... killers.
254
00:24:25,964 --> 00:24:29,342
{\an8}The judge had been the judge
on the Rodney King case.
255
00:24:29,426 --> 00:24:34,431
That turned out not the way the judge,
I'm sure, would like to have had it.
256
00:24:36,975 --> 00:24:39,978
Tensions exploded overnight
on the streets of Los Angeles
257
00:24:40,061 --> 00:24:43,231
following the acquittal
of four police officers charged
258
00:24:43,315 --> 00:24:44,774
in the beating of Rodney King.
259
00:24:44,858 --> 00:24:48,236
I look at it like this.
You beat a dog, you go to jail.
260
00:24:48,320 --> 00:24:50,363
You beat a Black man, nothing happens.
261
00:24:53,408 --> 00:24:55,494
After the Rodney King case,
262
00:24:55,577 --> 00:25:00,540
people in Los Angeles had
a distrust of the court system.
263
00:25:01,249 --> 00:25:04,544
And the authorities were
determined to show everyone
264
00:25:04,628 --> 00:25:08,089
that the court system
was legitimate and had credibility.
265
00:25:09,090 --> 00:25:10,370
Day one of the trial.
266
00:25:10,425 --> 00:25:13,011
The prosecution and defense
are ready to do battle
267
00:25:13,094 --> 00:25:15,388
with their two
radically different versions
268
00:25:15,472 --> 00:25:16,681
of the same event.
269
00:25:17,224 --> 00:25:19,664
- Good morning to you all.
- Good morning.
270
00:25:19,726 --> 00:25:22,729
This is a case
of People v. Lyle Menendez
271
00:25:22,812 --> 00:25:25,273
and People v. Erik Menendez.
272
00:25:26,274 --> 00:25:32,030
{\an8}What is going to happen today is that
you'll be hearing the opening statements.
273
00:25:32,781 --> 00:25:34,950
The day
that we did opening statements,
274
00:25:35,033 --> 00:25:36,701
I was coming into the courthouse,
275
00:25:36,785 --> 00:25:38,036
{\an8}and people were filming me.
276
00:25:38,119 --> 00:25:41,373
{\an8}And I just thought,
"What the hell have I gotten myself into?"
277
00:25:41,456 --> 00:25:45,293
And I went in the bathroom and threw up.
The only time I've ever thrown up
278
00:25:45,377 --> 00:25:47,879
during a trial
or before a trial or anything.
279
00:25:47,963 --> 00:25:49,673
Having media there was a nightmare.
280
00:25:49,756 --> 00:25:51,967
You don't have that
in a normal murder trial.
281
00:25:53,677 --> 00:25:55,971
We'll now proceed
with opening statements,
282
00:25:56,054 --> 00:25:58,598
first from the prosecution
and then the defense.
283
00:25:58,682 --> 00:26:00,282
Thank you, Your Honor. And good morning.
284
00:26:01,059 --> 00:26:03,687
What I'm going to outline here
is an overview
285
00:26:03,770 --> 00:26:06,648
of what the people anticipate
the evidence will show.
286
00:26:06,731 --> 00:26:09,651
On September the 8th of 1989,
287
00:26:09,734 --> 00:26:11,945
19 days after the killings,
288
00:26:12,028 --> 00:26:14,948
a life insurance policy,
which had been procured earlier
289
00:26:15,031 --> 00:26:16,199
by Jose Menendez,
290
00:26:16,283 --> 00:26:18,076
was paid to the defendants.
291
00:26:18,159 --> 00:26:21,913
The policy, cumulatively,
was for $650,000.
292
00:26:22,539 --> 00:26:25,667
We will prove to you
that Lyle Menendez planned this murder
293
00:26:26,167 --> 00:26:28,003
and then set off to spend the money,
294
00:26:28,086 --> 00:26:31,089
which he had acquired
through the killings of his parents.
295
00:26:31,172 --> 00:26:32,882
This murder was unlawful,
296
00:26:32,966 --> 00:26:36,052
unjustified, and wholly premeditated.
297
00:26:36,136 --> 00:26:41,182
And that but for a few mistakes they made,
this was almost the perfect murder.
298
00:26:42,809 --> 00:26:45,061
The only reason
I'm doing this after 33 years
299
00:26:45,145 --> 00:26:48,064
is that that poor woman
that gave birth to both of them
300
00:26:48,148 --> 00:26:51,151
was treated like a doormat
by her husband and her sons,
301
00:26:51,234 --> 00:26:55,447
and she was slaughtered
like a wild animal inside of her own home.
302
00:26:56,948 --> 00:26:58,628
Is the defense ready
to proceed?
303
00:26:58,658 --> 00:27:00,368
- We are.
- All right, Ms. Lansing.
304
00:27:00,452 --> 00:27:04,998
{\an8}The only thing that you are
going to have to focus on in this trial
305
00:27:05,081 --> 00:27:06,666
{\an8}is why it happened.
306
00:27:07,375 --> 00:27:09,085
And what we will prove to you
307
00:27:09,628 --> 00:27:11,671
is it was done out of fear.
308
00:27:12,380 --> 00:27:17,218
They were afraid of Jose Menendez,
and they were afraid of Kitty Menendez.
309
00:27:17,719 --> 00:27:22,182
This trial will take you
behind the facade of the rich houses,
310
00:27:22,265 --> 00:27:27,520
the fancy cars, the wealthy friends,
and impressive social engagements.
311
00:27:28,021 --> 00:27:32,150
Jose Menendez, he was aggressive,
he was talented,
312
00:27:32,233 --> 00:27:34,903
he was a charismatic, powerful man.
313
00:27:35,570 --> 00:27:38,490
Lyle's violent experiences with his father
314
00:27:38,573 --> 00:27:41,159
had been for the most part
when he was young.
315
00:27:41,242 --> 00:27:44,287
If you didn't swim well enough,
you were held underwater.
316
00:27:44,371 --> 00:27:47,916
When Jose took off his belt,
someone was going to get beaten.
317
00:27:48,416 --> 00:27:51,920
You didn't know who,
and you didn't know why.
318
00:27:52,003 --> 00:27:54,422
He reveled in his sadism.
319
00:27:54,506 --> 00:27:56,132
In 1986,
320
00:27:56,216 --> 00:27:59,636
Kitty Menendez discovered
that her husband had been having an affair
321
00:27:59,719 --> 00:28:01,763
for approximately eight years.
322
00:28:01,846 --> 00:28:05,183
She was leaving suicide notes
for her sons.
323
00:28:05,266 --> 00:28:07,519
She was threatening to poison the family.
324
00:28:08,103 --> 00:28:11,356
A crazy woman got even crazier.
325
00:28:11,439 --> 00:28:14,317
And they knew that these were parents
326
00:28:14,401 --> 00:28:15,944
who could kill their children.
327
00:28:17,529 --> 00:28:21,491
Erik Menendez will tell you
the entire painful and difficult
328
00:28:21,574 --> 00:28:24,160
and complicated story of his life.
329
00:28:24,244 --> 00:28:28,790
{\an8}The origin of this killing
was a lifetime of abuse
330
00:28:28,873 --> 00:28:31,584
{\an8}at the hands of those same parents.
331
00:28:32,293 --> 00:28:36,131
Unlike the alleged crime
that the prosecution here presents,
332
00:28:36,214 --> 00:28:39,759
those crimes occurred in total secrecy.
333
00:28:40,802 --> 00:28:42,345
No police were called.
334
00:28:42,846 --> 00:28:45,640
No crime scene photographs were taken.
335
00:28:46,349 --> 00:28:50,270
He killed his parents because
he could no longer endure their abuse
336
00:28:50,353 --> 00:28:51,521
and had to stop it.
337
00:28:52,772 --> 00:28:56,359
He fired every round in his gun at them.
338
00:28:57,068 --> 00:28:59,738
Because his parents were wealthy,
339
00:28:59,821 --> 00:29:02,824
the prosecution tells you
he did it for the money.
340
00:29:03,992 --> 00:29:06,786
What do they say when poor kids kill?
341
00:29:06,870 --> 00:29:08,630
Counsel,
now you're arguing again.
342
00:29:08,705 --> 00:29:09,956
I'm done, Your Honor.
343
00:29:15,170 --> 00:29:16,421
Initially,
344
00:29:16,504 --> 00:29:19,841
the Menendezes were seen from the outside
345
00:29:19,924 --> 00:29:21,426
as the perfect family.
346
00:29:22,051 --> 00:29:24,095
Jose was a successful businessman.
347
00:29:24,637 --> 00:29:28,308
Kitty was the caring mother
who kept the whole family together.
348
00:29:29,350 --> 00:29:31,060
Lyle was at an Ivy League school,
349
00:29:31,144 --> 00:29:33,938
and not only an Ivy League school,
but at Princeton.
350
00:29:34,022 --> 00:29:35,857
Erik was a tennis star.
351
00:29:35,940 --> 00:29:36,941
From the outside,
352
00:29:37,025 --> 00:29:41,571
they had the picture
of the classic first-generation-American,
353
00:29:41,654 --> 00:29:45,033
do-everything-make-good
wonderful-American success story.
354
00:29:45,116 --> 00:29:47,619
If you only saw the surface story.
355
00:32:36,371 --> 00:32:38,373
Nobody does it better than Hertz.
356
00:32:42,085 --> 00:32:44,629
โช Hertz, the Superstar โช
357
00:32:44,712 --> 00:32:46,047
{\an8}You know it.
358
00:32:59,394 --> 00:33:02,689
There are thousands and
thousands of young people outside,
359
00:33:02,772 --> 00:33:06,109
all of them out there for probably
one of the hottest singing groups
360
00:33:06,192 --> 00:33:07,735
in the entire world.
361
00:33:07,819 --> 00:33:10,989
Ladies and gentlemen,
here they are, Menudo.
362
00:33:11,072 --> 00:33:16,160
โช Since I felt as strong
As I feel for you โช
363
00:33:16,244 --> 00:33:19,455
โช I just want you to hold me โช
364
00:33:19,539 --> 00:33:21,457
โช Let me show you โช
365
00:33:21,541 --> 00:33:26,212
โช How love can make
Our dreams come true... โช
366
00:33:33,302 --> 00:33:36,764
From the outside,
this was the perfect all-American family.
367
00:33:37,265 --> 00:33:40,435
And behind the gates of that mansion,
it was a different story.
368
00:34:13,926 --> 00:34:16,137
Dr. L. Jerome Oziel.
369
00:34:16,220 --> 00:34:20,391
- Spell your last name.
- O-Z-I-E-L.
370
00:34:21,225 --> 00:34:23,686
- All right, Mr. Kuriyama.
- Thank you, Your Honor.
371
00:34:23,770 --> 00:34:27,774
So the case broke open
because of the wackiest,
372
00:34:27,857 --> 00:34:31,027
weirdest, most unusual
turn of circumstances
373
00:34:31,110 --> 00:34:32,779
anyone could ever have imagined.
374
00:34:32,862 --> 00:34:35,102
And if anyone had written
this for a script in Hollywood,
375
00:34:35,156 --> 00:34:37,283
the Hollywood people
would have gone, "No way."
376
00:34:37,366 --> 00:34:40,661
When Erik was a juvenile,
he had been involved in a burglary.
377
00:34:40,745 --> 00:34:43,748
As a result
of doing these burglaries,
378
00:34:43,831 --> 00:34:45,374
their then attorney,
379
00:34:45,458 --> 00:34:48,086
he did what all lawyers would do.
He sent him to a shrink.
380
00:34:48,169 --> 00:34:51,881
Erik had gone to see
a therapist named Dr. Jerome Oziel.
381
00:34:51,964 --> 00:34:55,051
And then after the murders,
he had started to see him again.
382
00:34:55,551 --> 00:34:57,261
I and any therapist,
383
00:34:57,345 --> 00:35:00,765
{\an8}um, carries with him or with her
at all times
384
00:35:00,848 --> 00:35:03,434
{\an8}hundreds or thousands of people's secrets.
385
00:35:03,518 --> 00:35:08,648
And it is... it's a sacred obligation
to preserve those secrets.
386
00:35:10,066 --> 00:35:12,610
Mr. Oziel,
would you describe what occurred
387
00:35:12,693 --> 00:35:14,904
as Erik Menendez arrived at your office?
388
00:35:16,114 --> 00:35:17,907
Erik came in,
389
00:35:17,990 --> 00:35:22,078
and he was, uh... he was extremely agitated
and extremely depressed.
390
00:35:22,662 --> 00:35:24,080
He'd lost a lot of weight.
391
00:35:24,163 --> 00:35:26,707
Uh, he had had some suicidal ideation.
392
00:35:27,708 --> 00:35:31,754
At some point in the session,
he asked me to take a walk with him.
393
00:35:31,838 --> 00:35:35,383
Erik told me, uh, things about his father
394
00:35:35,466 --> 00:35:38,052
and... and how his father
was a... a great man.
395
00:35:38,136 --> 00:35:40,721
And then we headed back to the office.
396
00:35:41,222 --> 00:35:43,141
And right before we entered,
397
00:35:43,224 --> 00:35:48,396
he leaned back against,
as I recall, a... a parking meter
398
00:35:48,479 --> 00:35:51,732
that was in front
of the office door and said, um,
399
00:35:52,483 --> 00:35:53,484
"We did it."
400
00:35:53,568 --> 00:35:56,946
Um, I don't know if he said,
"We killed our parents."
401
00:35:57,029 --> 00:36:00,533
But I asked him, "You...
You mean you killed your parents?"
402
00:36:00,616 --> 00:36:01,784
He said, "Yes."
403
00:36:02,994 --> 00:36:06,038
Erik began describing
in pretty elaborate detail
404
00:36:06,122 --> 00:36:09,041
exactly, uh, what happened.
405
00:36:09,542 --> 00:36:12,879
The father had just been
completely dominating
406
00:36:12,962 --> 00:36:17,341
and was impossible to please,
had perfectionistic standards,
407
00:36:17,425 --> 00:36:23,139
and also that he had been
very controlling and very damaging,
408
00:36:23,222 --> 00:36:27,476
um, to their mother
and that she also was miserable.
409
00:36:28,853 --> 00:36:33,149
The reason that the mother
was included in the plan was basically
410
00:36:34,066 --> 00:36:36,319
they couldn't find a way
not to include her in the plan.
411
00:36:36,944 --> 00:36:39,530
The mother would have been a witness,
number one.
412
00:36:39,614 --> 00:36:44,035
Number two, they didn't believe
that the mother could have survived
413
00:36:44,118 --> 00:36:46,746
emotionally anyway without the father.
414
00:36:46,829 --> 00:36:49,373
And three, they thought
the mother was so miserable
415
00:36:49,457 --> 00:36:53,753
that it was, and this is not Erik's words,
sort of like a euthanasia.
416
00:37:09,685 --> 00:37:14,523
Oziel goes into
this really sick plan.
417
00:37:15,316 --> 00:37:18,444
{\an8}And he wants to get
their confessions on tape.
418
00:37:39,006 --> 00:37:40,846
Could you please describe
his demeanor
419
00:37:40,925 --> 00:37:42,176
when he came into the office?
420
00:37:43,052 --> 00:37:46,055
Uh, he was extremely upset,
421
00:37:46,138 --> 00:37:48,349
um, threatened,
422
00:37:48,432 --> 00:37:50,017
threatening, menacing.
423
00:38:24,176 --> 00:38:26,554
And did you tell
Lyle and Erik Menendez
424
00:38:26,637 --> 00:38:28,639
why you had taken this precaution?
425
00:38:28,723 --> 00:38:29,557
Yes, I did.
426
00:38:29,640 --> 00:38:31,684
What was your reasoning
that you told them?
427
00:38:31,767 --> 00:38:34,520
That there was a strong threat
to my life.
428
00:38:35,021 --> 00:38:37,815
He laughed, and he said
that I should've felt threatened
429
00:38:37,898 --> 00:38:39,734
because immediately after the session,
430
00:38:39,817 --> 00:38:44,280
he and Erik had sat
in Erik's, uh, new Jeep.
431
00:38:44,363 --> 00:38:48,868
And the first statement
that Lyle had made to Erik was,
432
00:38:48,951 --> 00:38:50,369
"Now how do we kill Oziel?"
433
00:39:07,511 --> 00:39:10,264
Oziel then told people,
434
00:39:10,348 --> 00:39:13,059
well, he told his girlfriend
and his wife what had happened.
435
00:39:13,142 --> 00:39:15,102
She's Judalon Smyth.
436
00:39:15,186 --> 00:39:18,564
Judalon Smyth claims
that she and Oziel were lovers
437
00:39:18,647 --> 00:39:20,900
and that he asked her
to eavesdrop during a session
438
00:39:20,983 --> 00:39:24,403
in which the Menendez brothers allegedly
confessed to their parents' murder.
439
00:39:25,071 --> 00:39:29,116
The girlfriend then goes to the police
because she was mad at her boyfriend
440
00:39:29,200 --> 00:39:31,577
because she said he had raped her.
441
00:39:31,660 --> 00:39:32,953
And, oh, by the way,
442
00:39:33,037 --> 00:39:36,040
he is the psychiatrist
for the Menendez brothers,
443
00:39:36,123 --> 00:39:38,834
and they confessed they did it
and threatened to kill him.
444
00:39:38,918 --> 00:39:40,002
It was an aside.
445
00:39:40,086 --> 00:39:44,298
{\an8}I tried to give the information that I had
that would, you know...
446
00:39:45,633 --> 00:39:47,718
{\an8}lead them to be able to make an arrest.
447
00:39:48,594 --> 00:39:51,597
Judalon Smyth was originally
a patient of Dr. Oziel.
448
00:39:51,680 --> 00:39:54,683
So right there he's got
a dual relationship, which is unethical.
449
00:39:54,767 --> 00:39:58,479
Ms. Smyth, your main motivation
was that you wanted the police
450
00:39:58,562 --> 00:40:01,315
and the district attorney's office
to arrest Dr. Oziel
451
00:40:01,399 --> 00:40:02,775
and to prosecute him, correct?
452
00:40:02,858 --> 00:40:05,694
Yes. He had abducted me from my home.
453
00:40:05,778 --> 00:40:06,946
He had drugged me.
454
00:40:07,029 --> 00:40:12,118
He had... He had forced me to stay
in his home against my will.
455
00:40:12,201 --> 00:40:13,786
He had threatened my life.
456
00:40:15,287 --> 00:40:19,250
She said Dr. Oziel became involved
with the Menendez brothers
457
00:40:19,333 --> 00:40:20,960
and told her about it.
458
00:40:21,043 --> 00:40:22,670
And then to keep her quiet,
459
00:40:22,753 --> 00:40:25,673
he drugged her
and kept her hostage, essentially.
460
00:40:25,756 --> 00:40:28,008
It was like watching
a soap opera for a living.
461
00:40:28,092 --> 00:40:29,593
It was comic relief.
462
00:40:29,677 --> 00:40:31,887
It was not to be believed.
463
00:40:33,222 --> 00:40:34,932
Not only in terms of testimony,
464
00:40:35,015 --> 00:40:37,518
but in terms of,
"People really act like this?"
465
00:40:39,520 --> 00:40:42,648
While he's waiting to testify,
466
00:40:42,731 --> 00:40:44,150
the AG calls me up and says,
467
00:40:44,233 --> 00:40:46,110
"Well, Dr. Oziel is
gonna lose his license."
468
00:40:46,193 --> 00:40:50,656
And I said, "Could you wait a couple weeks
before you make him lose his license?"
469
00:40:51,282 --> 00:40:56,203
Anyway, put on Dr. Oziel because
I did want to get the tapes at some point.
470
00:40:57,037 --> 00:40:58,998
It ended up
in the California Supreme Court
471
00:40:59,081 --> 00:41:02,710
on the issue of these tapes,
whether or not the facts were sufficient
472
00:41:02,793 --> 00:41:05,963
to get a waiver
of the psychotherapist patient privilege.
473
00:41:06,547 --> 00:41:09,383
We got those tapes
at the end of the trial.
474
00:41:09,467 --> 00:41:12,136
We didn't have them
until the end of the trial.
475
00:41:34,909 --> 00:41:40,080
On the morning of one
of these, um, closed-door hearings,
476
00:41:40,164 --> 00:41:44,210
the LA County Sheriff's Office
released a statement
477
00:41:44,293 --> 00:41:48,005
that said Erik and Lyle Menendez
had tried to escape that morning.
478
00:41:53,552 --> 00:41:57,723
So the Sheriff's Department
went to each brother's cell,
479
00:41:57,806 --> 00:41:59,934
and they were allowed to do a search.
480
00:42:00,893 --> 00:42:03,020
In the course
of searching the brothers' cells,
481
00:42:03,103 --> 00:42:06,607
the sheriff's deputies found
a 17-page letter
482
00:42:06,690 --> 00:42:10,236
in Erik's cell
that Lyle had written to Erik.
483
00:42:11,111 --> 00:42:13,030
And at the end of the letter,
484
00:42:13,113 --> 00:42:16,992
Lyle had written in big letters,
"Destroy this after you read it."
485
00:42:56,699 --> 00:42:59,159
I REFUSE TO GIVE UP FOR DADS SAKE.
486
00:42:59,243 --> 00:43:02,246
HE IS WATCHING
AND I WILL NOT DISAPOINT HIM
487
00:43:02,329 --> 00:43:03,769
WE DID NOT DO ANYTHING FOR THE MONEY
488
00:43:43,829 --> 00:43:44,955
Two weeks later,
489
00:43:45,039 --> 00:43:47,708
the sheriff's department
quietly put out a statement.
490
00:43:47,791 --> 00:43:50,878
"Gee, sorry.
Erik and Lyle never tried to escape."
491
00:43:50,961 --> 00:43:51,961
"My bad."
492
00:44:40,386 --> 00:44:41,845
WE ALONE KNOW THE TRUTH
493
00:45:01,115 --> 00:45:03,242
I need to read your handwriting.
What is that?
494
00:45:16,088 --> 00:45:17,673
When you got arrested,
495
00:45:18,173 --> 00:45:20,926
I didn't know anybody,
and I didn't know who to hire,
496
00:45:21,009 --> 00:45:24,930
and nobody really does,
and I just got lucky.
497
00:45:46,618 --> 00:45:49,997
When you approached
your first session with Erik Menendez,
498
00:45:50,080 --> 00:45:53,500
{\an8}was it your expectation that
you would try to get information from him
499
00:45:53,584 --> 00:45:54,918
{\an8}as you usually do?
500
00:45:55,002 --> 00:45:55,836
{\an8}Yes.
501
00:45:55,919 --> 00:45:57,921
{\an8}And were you able to do that?
502
00:45:58,756 --> 00:45:59,923
No, I was not.
503
00:46:02,092 --> 00:46:06,722
When Leslie Abramson called me
and asked me to help her
504
00:46:07,347 --> 00:46:12,144
{\an8}because she could not figure out
why the crime occurred,
505
00:46:12,227 --> 00:46:17,608
my impression initially
was that they were two rich kids
506
00:46:17,691 --> 00:46:20,152
that just knocked off
their parents for the money.
507
00:46:21,820 --> 00:46:27,826
But my experience told me
there's got to be more to this case.
508
00:46:28,494 --> 00:46:30,746
What I found in interviewing Erik
509
00:46:31,330 --> 00:46:35,042
was that he was so depressed,
so distraught,
510
00:46:35,959 --> 00:46:38,921
that I could hardly get
any information out of him.
511
00:47:03,904 --> 00:47:07,074
He kept rambling on about his father,
512
00:47:07,157 --> 00:47:10,035
and I tried to get him to stop.
513
00:47:10,828 --> 00:47:12,079
And he wouldn't stop.
514
00:47:12,788 --> 00:47:17,167
He didn't do what I wanted him to do.
He just kept crying
515
00:47:17,251 --> 00:47:19,586
and telling me how wonderful his dad was.
516
00:47:19,670 --> 00:47:23,298
And that went on for the first
two, three, four hours that I saw him.
517
00:47:23,382 --> 00:47:26,009
I... I couldn't control him.
518
00:47:27,928 --> 00:47:32,224
In my mind, I'm thinking
as all the other lawyers and experts are,
519
00:47:32,307 --> 00:47:33,642
"But you killed them!"
520
00:47:34,184 --> 00:47:37,187
"I mean, if they were so wonderful
why did you kill them?"
521
00:47:38,564 --> 00:47:41,733
Jill Lansing,
who was Lyle Menendez's attorney,
522
00:47:41,817 --> 00:47:46,280
{\an8}called me, explained that there was
a case that might involve child abuse.
523
00:47:46,363 --> 00:47:51,326
And so, in fact, I agreed to conduct
an evaluation of Mr. Lyle Menendez.
524
00:48:02,379 --> 00:48:05,173
And then I would also
talk to other family members.
525
00:48:05,257 --> 00:48:09,720
I talked to relatives trying
to get a sense of Lyle and the family.
526
00:48:11,889 --> 00:48:14,600
{\an8}Lyle and Erik and I formed a bond.
527
00:48:14,683 --> 00:48:16,518
{\an8}We were like the Three Musketeers.
528
00:48:16,602 --> 00:48:20,772
It's the only time they ever had fun
was when we were all by ourselves.
529
00:48:22,399 --> 00:48:26,612
One time Jose put Lyle
on a kitchen counter
530
00:48:27,237 --> 00:48:30,782
and prompted Lyle to jump off,
and he was going to catch him.
531
00:48:31,366 --> 00:48:34,995
As Lyle did so, Jose backed off
532
00:48:35,704 --> 00:48:37,414
and let him fall to the ground,
533
00:48:37,998 --> 00:48:40,417
telling him that
you can never trust anybody.
534
00:48:41,710 --> 00:48:44,087
We were having a family gathering,
535
00:48:44,171 --> 00:48:47,966
{\an8}and Jose stood up, uh,
536
00:48:48,050 --> 00:48:51,219
grab him and just looked at him.
537
00:48:51,303 --> 00:48:52,930
He looked very scared.
538
00:48:53,680 --> 00:48:55,891
And what happened after that?
539
00:48:55,974 --> 00:48:59,186
Jose hit Lyle
with his closed fist.
540
00:49:00,020 --> 00:49:02,460
- Did he seem to hit him hard?
- Yes, he did.
541
00:49:02,522 --> 00:49:04,483
Lyle would've been
about five years old?
542
00:49:04,566 --> 00:49:05,859
Yes. Yes.
543
00:49:24,920 --> 00:49:28,340
I couldn't find anyone
to say anything nice
544
00:49:28,423 --> 00:49:30,676
about Jose Menendez
except for his secretary.
545
00:49:30,759 --> 00:49:34,346
And everybody else had
just these awful stories about him
546
00:49:34,429 --> 00:49:36,431
and what a monster he was.
547
00:49:37,224 --> 00:49:42,104
The loss of Jose Menendez in my mind
was an actual plus for mankind.
548
00:49:42,187 --> 00:49:45,315
Jose Menendez was
a really awful man, okay?
549
00:49:45,399 --> 00:49:49,486
And he raised two sons capable of murder,
so there you go.
550
00:49:52,364 --> 00:49:55,951
Lyle idealized his dad.
Thought his dad was a powerful person.
551
00:49:56,034 --> 00:50:00,664
And so Lyle described a situation
where he was a favorite child.
552
00:50:01,623 --> 00:50:06,753
In some ways trying
to be a little Dad, a little Jose,
553
00:50:06,837 --> 00:50:10,465
but not being as competent
or skillful as Dad, but trying.
554
00:50:10,549 --> 00:50:14,386
I think that the older brother
was much more like the father.
555
00:50:14,469 --> 00:50:15,762
More aggressive,
556
00:50:16,847 --> 00:50:17,848
dominating,
557
00:50:19,057 --> 00:50:20,475
kind of manipulative.
558
00:50:21,268 --> 00:50:24,021
The younger brother was
much more like the mother.
559
00:50:24,104 --> 00:50:27,607
More emotional,
could become hysterical at times.
560
00:50:28,275 --> 00:50:31,069
So that was
a contrast in their personalities.
561
00:50:34,322 --> 00:50:36,450
Did you ever see
your brother, um...
562
00:50:38,076 --> 00:50:42,706
have Erik hold on to a... a bar
and lift him with it?
563
00:50:42,789 --> 00:50:46,793
{\an8}Yes, I did see that.
He would just pull it up and hold him up
564
00:50:46,877 --> 00:50:49,629
{\an8}and see how much
he could stand without crying
565
00:50:50,297 --> 00:50:53,842
and say, "I tell you to stop crying.
Why can't you stop crying?"
566
00:50:54,342 --> 00:50:57,971
And he kept on yelling at the kid,
and of course, Erik would cry more.
567
00:50:58,555 --> 00:51:00,766
- Now this is when Erik is two?
- Yeah.
568
00:51:00,849 --> 00:51:03,729
And did you see this on more
than one occasion during that week?
569
00:51:03,810 --> 00:51:05,520
Yes, I saw it twice on that week.
570
00:51:06,104 --> 00:51:09,232
Now describe what you saw
with respect to Lyle.
571
00:51:09,733 --> 00:51:12,402
He was very proud of Lyle
572
00:51:12,486 --> 00:51:14,696
whenever Lyle was
doing something competitive
573
00:51:14,780 --> 00:51:16,656
against any one of the other cousins,
574
00:51:16,740 --> 00:51:19,826
and he loved the fact
that Lyle didn't cry,
575
00:51:19,910 --> 00:51:21,703
even if they were hitting him.
576
00:51:22,454 --> 00:51:25,749
Jose used to induce
that type of competitiveness,
577
00:51:25,832 --> 00:51:29,503
fighting type of relationship,
which I personally disliked.
578
00:52:15,465 --> 00:52:18,260
Ann Burgess is
a professor of psychiatric nursing
579
00:52:18,343 --> 00:52:19,886
at the University of Pennsylvania.
580
00:52:19,970 --> 00:52:21,429
What's the profile, Ms. Burgess?
581
00:52:21,513 --> 00:52:25,016
Is there a profile
of the... of the violent family member?
582
00:52:25,100 --> 00:52:28,353
There's no really general profile.
There are some common threads.
583
00:52:28,436 --> 00:52:31,898
In the family, very often,
they themselves may have been abused.
584
00:52:36,361 --> 00:52:38,864
{\an8}I... I spent most of my time
interviewing Erik.
585
00:52:39,865 --> 00:52:41,199
{\an8}Loved his parents.
586
00:52:41,283 --> 00:52:46,121
{\an8}Uh, regretted... He said, "Ten seconds
after this, I regretted what we did."
587
00:52:54,546 --> 00:52:55,922
Uh...
588
00:53:59,819 --> 00:54:03,073
One of the techniques that I use,
certainly with children,
589
00:54:03,156 --> 00:54:06,910
but also with persons
that have committed a crime,
590
00:54:06,993 --> 00:54:08,495
is I ask them to draw it.
591
00:54:11,498 --> 00:54:13,792
It's a non-leading way
592
00:54:13,875 --> 00:54:16,002
of getting some information.
593
00:54:16,086 --> 00:54:20,006
That's what I did with Erik. I said,
"Let's start with that week before."
594
00:54:23,218 --> 00:54:25,387
He did about 12 or 14 frames.
595
00:54:29,474 --> 00:54:31,768
It was a mini Rorschach,
I guess you could say,
596
00:54:31,851 --> 00:54:33,812
to... to have him draw it out.
597
00:54:33,895 --> 00:54:37,691
And I think it was helpful for him
to be able to put it on paper.
598
00:54:38,858 --> 00:54:42,570
Because he hadn't really
talked about this.
599
00:54:46,449 --> 00:54:48,910
I did talk to Leslie Abramson, of course,
600
00:54:48,994 --> 00:54:53,707
and I had said there has to be
something going on in the family
601
00:54:53,790 --> 00:54:55,000
for this to have happened.
602
00:54:55,083 --> 00:54:58,586
That this is not something that,
you know, they need money
603
00:54:58,670 --> 00:55:00,922
or... or any other motive, or revenge,
604
00:55:01,006 --> 00:55:03,341
or all of the other motives
that we could think of.
605
00:55:03,967 --> 00:55:06,886
I said, "Something is
very wrong in the family."
606
00:55:08,847 --> 00:55:13,643
Over a period of week after week
after week after week,
607
00:55:13,727 --> 00:55:16,187
month after month after month,
608
00:55:16,271 --> 00:55:21,568
slowly... bits and pieces
about the perfect family
609
00:55:22,068 --> 00:55:23,695
began to disintegrate.
610
00:56:05,820 --> 00:56:09,616
So far, 25-year-old Lyle
and 22-year-old Erik
611
00:56:09,699 --> 00:56:11,576
have sat quietly in court,
612
00:56:11,659 --> 00:56:14,079
knowing they could be
sentenced to death if convicted.
613
00:56:14,162 --> 00:56:16,831
Both brothers are expected
to testify in the case.
614
00:56:16,915 --> 00:56:18,124
They'll give their version
615
00:56:18,208 --> 00:56:22,003
of why they admittedly fired
15 shotgun blasts into their parents
616
00:56:22,087 --> 00:56:24,130
here at the family's
Beverly Hills mansion.
617
00:56:24,214 --> 00:56:27,884
Defense attorneys say Lyle could
begin telling that much-awaited story
618
00:56:27,967 --> 00:56:29,260
by the end of the week.
619
00:56:41,231 --> 00:56:43,274
Joseph Lyle Menendez.
620
00:56:43,358 --> 00:56:45,318
M-E-N-E-N-D-E-Z.
621
00:57:01,709 --> 00:57:03,920
Once you moved to Monsey,
622
00:57:04,421 --> 00:57:06,881
did sports become
an important part of your life?
623
00:57:07,507 --> 00:57:09,634
Well, they were everything to my dad,
624
00:57:09,717 --> 00:57:11,845
and that was my whole life
625
00:57:12,512 --> 00:57:13,512
at that time.
626
00:57:14,431 --> 00:57:18,893
And was doing what
your father wanted of you important?
627
00:57:19,394 --> 00:57:22,188
That's what made him happy,
and that's what I wanted to do.
628
00:57:22,272 --> 00:57:23,872
Why'd you want to make him happy?
629
00:57:25,358 --> 00:57:26,568
So he would love me.
630
00:57:29,737 --> 00:57:32,407
And between the ages
of six and eight,
631
00:57:33,116 --> 00:57:36,286
did your father have
sexual contact with you?
632
00:57:36,369 --> 00:57:37,871
Yes.
633
00:57:38,997 --> 00:57:40,415
And how did it start?
634
00:57:44,752 --> 00:57:47,630
We would have these talks,
and he would show me.
635
00:57:48,131 --> 00:57:51,009
And he would, uh, fondle me,
636
00:57:51,092 --> 00:57:53,011
and he would ask me
to do the same with him.
637
00:57:53,094 --> 00:57:55,930
And I would... I would touch him,
and we would undress.
638
00:57:57,807 --> 00:58:01,478
Um, it would...
He would put me on my knees, and...
639
00:58:03,188 --> 00:58:05,982
he would guide me, all my movements.
640
00:58:06,065 --> 00:58:07,525
And I would, um...
641
00:58:10,403 --> 00:58:12,572
uh, have oral sex with him.
642
00:58:14,032 --> 00:58:16,993
At some point,
did he do some other things to you?
643
00:58:21,456 --> 00:58:22,456
Yes.
644
00:58:25,001 --> 00:58:27,587
Uh... He raped me.
645
00:58:30,131 --> 00:58:31,633
Did you cry?
646
00:58:32,258 --> 00:58:33,258
Yes.
647
00:58:33,593 --> 00:58:34,969
Did you bleed?
648
00:58:35,053 --> 00:58:36,053
Yes.
649
00:58:37,805 --> 00:58:39,265
Were you scared?
650
00:58:39,349 --> 00:58:40,642
Very.
651
00:58:42,185 --> 00:58:43,520
Did you tell your mom?
652
00:58:43,603 --> 00:58:45,855
I told her
that he keeps touching me.
653
00:58:46,773 --> 00:58:49,108
What did your mom say?
654
00:58:49,776 --> 00:58:52,153
She told me to stop it
655
00:58:52,904 --> 00:58:54,739
and that I was exaggerating.
656
00:58:57,408 --> 00:59:01,079
And that my dad has to
punish me when I do things wrong.
657
00:59:01,955 --> 00:59:04,582
And she... she told me that he loved me.
658
00:59:25,687 --> 00:59:29,816
So during the time between
six and eight when this was going on,
659
00:59:29,899 --> 00:59:31,734
did you do something to your brother?
660
00:59:33,570 --> 00:59:34,404
Yes.
661
00:59:34,487 --> 00:59:36,364
What did you do to your brother?
662
00:59:36,447 --> 00:59:39,158
I took him out
to the woods,
663
00:59:39,909 --> 00:59:43,288
and I played with Erik... in the same way.
664
00:59:45,665 --> 00:59:46,666
And I'm sorry.
665
00:59:50,878 --> 00:59:51,878
I'm sorry.
666
01:00:15,278 --> 01:00:17,488
The first day of Lyle's testimony,
667
01:00:17,989 --> 01:00:23,286
there were many audience members
and jurors with tears in their eyes
668
01:00:23,369 --> 01:00:26,205
because it was so... emotional.
669
01:00:26,289 --> 01:00:30,251
I mean, I thought either he is
the best actor I've ever seen in my life
670
01:00:30,835 --> 01:00:32,920
or he's telling the absolute truth.
671
01:00:34,213 --> 01:00:35,840
You could hear a pin drop.
672
01:00:35,923 --> 01:00:37,592
It was very compelling.
673
01:00:37,675 --> 01:00:39,093
It was very novel.
674
01:00:39,594 --> 01:00:42,430
Okay, I'll tell you
exactly what I thought. "Oh shit."
675
01:00:43,264 --> 01:00:44,807
You know, that sums it all up.
676
01:00:45,391 --> 01:00:46,726
'Cause it was pretty good.
677
01:00:47,518 --> 01:00:49,646
{\an8}People have to be held accountable
for what they do
678
01:00:49,729 --> 01:00:51,049
{\an8}regardless of how they're feeling
679
01:00:51,105 --> 01:00:53,775
{\an8}because there are a lot of abused people
who don't commit crimes.
680
01:00:53,858 --> 01:00:56,045
The judge has cautioned
the brothers' lawyers
681
01:00:56,069 --> 01:00:59,238
that a history of abuse does not make
a legal defense for murder.
682
01:00:59,322 --> 01:01:03,284
So the attorneys hope
the testimony of Lyle and later Erik
683
01:01:03,368 --> 01:01:06,996
will convince jury members
the brothers truly feared for their lives,
684
01:01:07,080 --> 01:01:09,248
killing their parents in self-defense.
685
01:01:16,714 --> 01:01:20,093
Erik Galen Menendez. M-E-N-E-N-D-E-Z.
686
01:01:22,929 --> 01:01:25,890
Are you aware of
the idiosyncrasies of that microphone?
687
01:01:27,642 --> 01:01:29,811
If you get too close, it pops.
You know that?
688
01:01:29,894 --> 01:01:30,770
Yes.
689
01:01:30,853 --> 01:01:32,893
If you get too far away,
we don't hear you.
690
01:01:32,939 --> 01:01:34,565
- That's right.
- Okay.
691
01:01:47,954 --> 01:01:49,872
Mr. Menendez, where do you live?
692
01:01:50,623 --> 01:01:52,041
Los Angeles County Jail.
693
01:01:52,542 --> 01:01:54,460
And how long
have you lived there?
694
01:01:55,044 --> 01:01:56,295
Three and a half years.
695
01:01:57,130 --> 01:02:00,925
Mr. Menendez,
during the summer of 1989,
696
01:02:02,927 --> 01:02:06,097
were you being
sexually molested by your father?
697
01:02:07,473 --> 01:02:08,850
Yes.
698
01:02:09,642 --> 01:02:12,854
And when did that begin?
How old were you?
699
01:02:13,813 --> 01:02:15,022
I was six years old.
700
01:02:16,190 --> 01:02:18,070
From the time you were six
when you say
701
01:02:18,109 --> 01:02:19,777
your father started to molest you,
702
01:02:19,861 --> 01:02:21,612
how long did that go on?
703
01:02:23,239 --> 01:02:24,824
Twelve years.
704
01:02:53,936 --> 01:02:57,064
And can you tell us, what do you believe
705
01:02:57,148 --> 01:03:00,318
was the originating cause
706
01:03:00,401 --> 01:03:03,362
of you and your brother
shooting your parents?
707
01:03:03,446 --> 01:03:05,406
Me telling Lyle that, uh...
708
01:03:08,242 --> 01:03:09,702
You telling Lyle what?
709
01:03:13,706 --> 01:03:16,793
Was it you telling Lyle
about something that was happening?
710
01:03:16,876 --> 01:03:18,836
My dad...
711
01:03:23,299 --> 01:03:24,967
Okay.
712
01:03:26,052 --> 01:03:27,052
My dad...
713
01:03:28,971 --> 01:03:31,432
That my dad had been molesting me.
714
01:03:34,685 --> 01:03:36,125
This would be a good place.
715
01:03:36,938 --> 01:03:40,066
All right. We'll take
our recess until tomorrow at nine o'clock.
716
01:03:49,534 --> 01:03:51,202
- Good morning.
- Good morning.
717
01:03:51,285 --> 01:03:53,788
We're ready to resume
with the testimony.
718
01:03:53,871 --> 01:03:55,748
You may resume your direct examination.
719
01:03:55,832 --> 01:03:57,250
Thank you, Your Honor.
720
01:03:57,333 --> 01:04:01,045
Now at this time in your life,
Mr. Menendez, when you lived in Monsey,
721
01:04:01,128 --> 01:04:04,006
um, and you were about six years old?
722
01:04:04,090 --> 01:04:05,090
Yes.
723
01:04:05,424 --> 01:04:08,845
How would you describe
your relationship with your father?
724
01:04:10,221 --> 01:04:11,221
Um...
725
01:04:12,765 --> 01:04:14,016
He, uh...
726
01:04:14,767 --> 01:04:16,060
He used to, um,
727
01:04:17,228 --> 01:04:21,107
come into my room,
and he had me take off my underwear.
728
01:04:22,149 --> 01:04:24,026
He would massage my genitals.
729
01:04:25,987 --> 01:04:29,740
- How did he treat you?
- Um, he was... he was kind.
730
01:04:29,824 --> 01:04:33,286
Uh, he never said anything negative to me.
731
01:04:33,369 --> 01:04:36,873
Uh, he told me that I was
part of the family and that...
732
01:04:37,540 --> 01:04:41,419
that I belonged and that
this was... this was something between us,
733
01:04:41,502 --> 01:04:45,506
and what he said is
that this would stop if I told anyone.
734
01:04:46,090 --> 01:04:48,426
Um, and did you want it to stop?
735
01:04:49,552 --> 01:04:51,053
- No.
- Why?
736
01:04:51,804 --> 01:04:56,017
Because it was the only time
I got to, uh, spend alone with my dad.
737
01:04:56,100 --> 01:04:58,519
It was the only time
I got to be with him and...
738
01:04:59,020 --> 01:05:01,689
and for him to be nice and caring with me.
739
01:05:02,940 --> 01:05:06,235
Mr. Menendez, can you look
to your right to the pictures of yourself
740
01:05:06,319 --> 01:05:07,403
that are on that board?
741
01:05:07,486 --> 01:05:08,571
Uh-huh.
742
01:05:08,654 --> 01:05:10,698
How old were you
in those pictures?
743
01:05:11,198 --> 01:05:13,409
I think I was ten or eleven.
744
01:05:14,702 --> 01:05:17,788
So at the time
those photographs of you were taken,
745
01:05:18,915 --> 01:05:21,626
you had already been raped
by your father, had you not?
746
01:05:22,168 --> 01:05:23,168
Yes.
747
01:05:24,420 --> 01:05:25,922
Did you ever say no?
748
01:05:27,006 --> 01:05:27,882
Yes.
749
01:05:27,965 --> 01:05:30,676
How did he react
to your saying no?
750
01:05:30,760 --> 01:05:32,178
He stormed out of that room.
751
01:05:33,012 --> 01:05:34,597
So what happened next?
752
01:05:34,680 --> 01:05:36,349
He came back with a knife.
753
01:05:37,058 --> 01:05:39,727
Now, this knife,
Mr. Menendez, is a...
754
01:05:39,810 --> 01:05:42,021
- I think it's like that.
- Yeah?
755
01:05:42,104 --> 01:05:44,941
- If not bigger. I remember it being huge.
- Okay.
756
01:05:45,024 --> 01:05:47,360
And when he came back with the knife,
757
01:05:47,443 --> 01:05:49,320
what did he do with it, if anything?
758
01:05:50,613 --> 01:05:51,733
He put it on my neck.
759
01:05:51,781 --> 01:05:54,533
He put his hand on my head
and put the knife on my neck.
760
01:05:55,159 --> 01:05:56,639
Did he threaten you with it?
761
01:05:56,702 --> 01:05:58,287
- Yes.
- What did he say?
762
01:05:58,371 --> 01:06:01,040
He said, "I should kill you,
and next time I will."
763
01:06:03,292 --> 01:06:05,419
- And did you believe him?
- Yes.
764
01:06:08,172 --> 01:06:11,550
He started using, uh, different tools.
765
01:06:12,468 --> 01:06:14,011
What do you mean by tools?
766
01:06:14,095 --> 01:06:15,888
He had this wooden, uh...
767
01:06:17,264 --> 01:06:20,017
It was about this long,
and it had a little knob at the end,
768
01:06:20,101 --> 01:06:23,104
and it was roundish, and, uh...
769
01:06:25,398 --> 01:06:28,484
Uh, he would tell me
to use that on myself.
770
01:06:29,235 --> 01:06:32,863
What part of your body
were you supposed to use this thing on?
771
01:06:36,158 --> 01:06:37,158
My, uh...
772
01:06:37,493 --> 01:06:38,493
My butt.
773
01:06:40,496 --> 01:06:42,039
He told me he wanted me to,
774
01:06:43,499 --> 01:06:45,793
um, massage his penis with my mouth.
775
01:06:47,128 --> 01:06:52,466
I had to give him a massage
on my knees until he started to, uh...
776
01:06:53,592 --> 01:06:54,593
have an orgasm.
777
01:06:55,845 --> 01:06:59,181
And had he ever done that before
778
01:06:59,265 --> 01:07:01,475
while you were giving him a mouth massage?
779
01:07:01,559 --> 01:07:02,810
No. Um...
780
01:07:03,394 --> 01:07:06,230
So I was about to pull away 'cause
I didn't know what was gonna happen
781
01:07:06,313 --> 01:07:09,066
because we weren't on a bed
and I was just kneeling down.
782
01:07:09,150 --> 01:07:12,653
And he said, "No. Swallow."
And he held my head to him.
783
01:07:15,740 --> 01:07:18,534
He would say, "What's gonna happen
to you if you tell anyone?"
784
01:07:18,617 --> 01:07:21,579
And I remember the first time I said,
"That you will hurt me."
785
01:07:21,662 --> 01:07:23,456
And, uh, he said, "Wrong."
786
01:07:23,539 --> 01:07:24,790
And so I hit myself.
787
01:07:25,458 --> 01:07:28,044
And he said,
"What's gonna happen if you tell someone?"
788
01:07:28,711 --> 01:07:31,130
And I said, "You'll kill me."
And he said, "Right."
789
01:07:36,135 --> 01:07:39,221
The myths back then
about who a sex offender was
790
01:07:39,305 --> 01:07:41,182
didn't fit the Menendez family.
791
01:07:42,099 --> 01:07:45,478
And a powerful,
highly successful executive
792
01:07:45,561 --> 01:07:49,648
was not looked upon as the kind of person
who would sexually abuse their children.
793
01:07:50,232 --> 01:07:54,487
But looking at these attractive,
well-dressed white guys
794
01:07:54,570 --> 01:07:59,492
just doesn't match the public's perception
of what a victim should look like.
795
01:07:59,992 --> 01:08:02,161
And there's a natural tendency
to discount it.
796
01:08:02,244 --> 01:08:05,998
It just doesn't fit with
how we think of privileged people.
797
01:08:07,583 --> 01:08:09,835
{\an8}The defense made a good argument.
798
01:08:09,919 --> 01:08:13,756
It made me start questioning
what I had already started to believe.
799
01:08:13,839 --> 01:08:16,675
When you have a doubt,
that's where the law comes in
800
01:08:16,759 --> 01:08:19,720
and says you need
to give them that benefit of the doubt.
801
01:08:20,471 --> 01:08:23,140
How do you know they were sexually abused?
802
01:08:23,224 --> 01:08:25,059
Have you ever? I want to know.
803
01:08:25,142 --> 01:08:27,561
I just want to know, okay?
804
01:08:27,645 --> 01:08:29,522
Do you know what fear is like?
805
01:08:29,605 --> 01:08:31,357
How do you know what went on?
806
01:08:31,440 --> 01:08:33,484
Hold on a second.
807
01:08:33,567 --> 01:08:36,862
The defense used
psychological manipulation of the jurors
808
01:08:36,946 --> 01:08:39,323
by putting nice-looking,
wealthy young men in sweaters
809
01:08:39,406 --> 01:08:40,406
crying on the stand.
810
01:08:40,449 --> 01:08:42,910
The sweater defense is so pathetic to me.
811
01:08:42,993 --> 01:08:46,497
It didn't work for Dan Rather
when he was trying to soften his image.
812
01:08:46,580 --> 01:08:49,375
{\an8}Why didn't the Menendez brothers leave?
813
01:08:49,458 --> 01:08:52,294
{\an8}They'd grown up. They should've left
if they were being abused.
814
01:08:54,421 --> 01:08:56,882
{\an8}But I've been watching a lot of Court TV.
815
01:08:56,966 --> 01:08:59,844
Riveted... Riveted
to the Menendez brothers trial.
816
01:08:59,927 --> 01:09:01,720
I don't get a chance to watch much TV.
817
01:09:01,804 --> 01:09:04,890
Oh, these two arrogant brothers
are gonna fry.
818
01:09:07,268 --> 01:09:10,229
I don't buy it. Please.
819
01:09:12,273 --> 01:09:14,650
Did you feel sympathy
for the Menendez brothers?
820
01:09:15,317 --> 01:09:16,402
Um...
821
01:09:18,946 --> 01:09:20,322
Not particularly, no.
822
01:09:21,699 --> 01:09:23,909
They've made a Menendez sitcom.
823
01:09:26,078 --> 01:09:27,788
It will premiere in just a few weeks.
824
01:09:27,872 --> 01:09:30,166
They've asked me
to run the opening for you now.
825
01:09:30,249 --> 01:09:32,042
Well, here it is. Take a look.
826
01:09:36,839 --> 01:09:39,425
I called Jay Leno's show one time
827
01:09:40,634 --> 01:09:43,596
{\an8}to protest them making fun of them.
828
01:09:43,679 --> 01:09:46,223
{\an8}And that's all they did.
They just made fun of them.
829
01:09:46,932 --> 01:09:51,478
I was told we were public property now,
and they could do what they wanted.
830
01:09:52,104 --> 01:09:56,275
I called The Tonight Show
and said, "Can you please stop?"
831
01:09:56,358 --> 01:09:58,068
That didn't go anywhere, but...
832
01:10:00,821 --> 01:10:03,157
The defense
used witness after witness
833
01:10:03,240 --> 01:10:05,784
to try and portray Jose and Kitty Menendez
834
01:10:05,868 --> 01:10:08,495
as cruel, abusive, and demanding parents.
835
01:10:08,579 --> 01:10:11,332
A cousin testified that in 1976,
836
01:10:11,415 --> 01:10:14,168
eight-year-old Lyle
told her of molestation.
837
01:10:15,252 --> 01:10:16,337
What happened?
838
01:10:16,921 --> 01:10:19,089
Lyle and Erik and I
had been downstairs,
839
01:10:19,173 --> 01:10:22,301
and the boys had been called up
to get ready for bed.
840
01:10:22,927 --> 01:10:24,929
I stayed and went into my bedroom.
841
01:10:26,472 --> 01:10:29,725
And a while later, Lyle came down.
842
01:10:30,226 --> 01:10:32,853
I thought he was there to say good night.
843
01:10:33,687 --> 01:10:35,272
And what happened next?
844
01:10:35,356 --> 01:10:37,233
He proceeded to...
845
01:10:38,525 --> 01:10:42,321
indicate to me
by touching himself, uh, down...
846
01:10:42,905 --> 01:10:46,742
and... and saying that his dad and him
had been touching each other down there.
847
01:10:47,493 --> 01:10:53,499
He was afraid that his dad
was going to do so that night.
848
01:10:53,582 --> 01:10:56,001
Do the very same thing that night.
849
01:10:56,085 --> 01:10:57,795
And what happened after that?
850
01:10:58,420 --> 01:11:00,214
I went and got Kitty
851
01:11:00,965 --> 01:11:04,677
and, uh, brought her downstairs
and told her what was going on.
852
01:11:05,594 --> 01:11:07,304
What happened when Kitty came down?
853
01:11:07,388 --> 01:11:09,098
Uh... She didn't believe me.
854
01:11:10,266 --> 01:11:14,436
I followed her downstairs,
and she took Lyle by the arm
855
01:11:14,520 --> 01:11:17,856
and took him right back upstairs.
Never said a word to me.
856
01:11:17,940 --> 01:11:20,192
Nothing was ever discussed afterwards.
857
01:11:20,276 --> 01:11:25,072
I just fe... felt like, well,
nobody else is doing anything.
858
01:11:25,155 --> 01:11:26,824
I must have been wrong.
859
01:11:26,907 --> 01:11:29,326
Then Lyle and Erik killing their parents
860
01:11:30,411 --> 01:11:32,288
made me wonder again.
861
01:11:32,371 --> 01:11:35,082
You know, maybe I wasn't wrong then.
862
01:11:38,836 --> 01:11:42,131
{\an8}Everything in the family
was coming to a head.
863
01:11:43,590 --> 01:11:47,720
The younger brother
was so at the end of his rope
864
01:11:47,803 --> 01:11:50,723
that he was thinking about
killing himself 'cause he didn't want
865
01:11:50,806 --> 01:11:54,101
to endure the rapes of his father anymore,
866
01:11:54,184 --> 01:11:57,896
and he had hope
that if he went to Stanford,
867
01:11:57,980 --> 01:12:00,941
that maybe he would have
some distance between the father.
868
01:12:01,775 --> 01:12:03,402
But the father told him,
869
01:12:03,485 --> 01:12:05,904
"You're not going to Stanford,
you're going to UCLA,
870
01:12:05,988 --> 01:12:07,740
and you're gonna be living here."
871
01:12:57,122 --> 01:12:59,124
I could tell something was wrong.
872
01:12:59,208 --> 01:13:03,670
You know, he was basically shaking,
and I asked him what was the matter.
873
01:13:03,754 --> 01:13:07,299
And, uh, at some point,
you know, he couldn't tell me,
874
01:13:07,383 --> 01:13:08,467
and he just started crying.
875
01:13:08,550 --> 01:13:10,469
And I said, "You can tell me, what is it?"
876
01:13:11,053 --> 01:13:15,432
And, uh, he told me that those things
with his dad were still going on.
877
01:13:16,934 --> 01:13:18,352
And I said, "What things?"
878
01:13:18,435 --> 01:13:21,730
He said, "You know what things." Uh...
879
01:13:21,814 --> 01:13:25,984
And so I sat down with him
and told him to relax, and let's talk.
880
01:13:26,068 --> 01:13:29,238
And, uh, I was very shaky myself,
881
01:13:29,738 --> 01:13:34,493
just from the... the idea that,
you know, my dad was still doing this.
882
01:13:34,576 --> 01:13:40,165
And, um, basically, uh, trying
to think about what we could do.
883
01:13:41,834 --> 01:13:47,548
Lyle, being the macho,
dominant, aggressive figure,
884
01:13:48,132 --> 01:13:50,342
went to confront the father.
885
01:13:52,428 --> 01:13:54,430
My dad, he came into the study.
886
01:13:55,389 --> 01:13:57,474
You know, he had a cigarette lit.
887
01:13:58,851 --> 01:14:01,603
I told him he was a...
a fucking sick person.
888
01:14:02,771 --> 01:14:06,442
I knew everything that was going on
between him and Erik
889
01:14:06,525 --> 01:14:08,986
and that he wasn't gonna
touch my brother again.
890
01:14:09,069 --> 01:14:13,198
I told him I would tell the police
and that I would tell the family.
891
01:14:14,032 --> 01:14:16,493
He just said, "You listen to me."
892
01:14:18,203 --> 01:14:20,914
"What I do with my son
is none of your business."
893
01:14:22,207 --> 01:14:24,835
"And we're gonna forget
this conversation ever took place."
894
01:14:25,961 --> 01:14:28,547
There was
another very heated argument
895
01:14:29,047 --> 01:14:33,594
in which Kitty revealed
that she had known about Erik,
896
01:14:33,677 --> 01:14:35,512
the abuse, all the time.
897
01:14:35,596 --> 01:14:38,265
And she said to Lyle,
"What, do you think I'm stupid?"
898
01:14:38,348 --> 01:14:40,559
She had known everything
that had been going on,
899
01:14:40,642 --> 01:14:43,687
and she hadn't done anything
to protect her sons.
900
01:15:05,959 --> 01:15:09,421
The fact that they didn't just have
a dad that was doing this
901
01:15:09,505 --> 01:15:12,633
but a mother that knew about it
and didn't help them,
902
01:15:13,133 --> 01:15:15,969
{\an8}I don't understand
how she didn't protect him. I...
903
01:15:16,553 --> 01:15:19,348
{\an8}I can't even explain it.
904
01:15:41,411 --> 01:15:46,041
We talked about...
I think I was the one that said that we...
905
01:15:47,292 --> 01:15:49,336
weren't just gonna stay around
waiting to die.
906
01:15:49,419 --> 01:15:52,965
We were gonna try and get
some ways of defending ourselves.
907
01:15:53,549 --> 01:15:56,176
On Friday,
our idea was just to get the guns.
908
01:15:56,885 --> 01:15:58,929
That was what we wanted to do on Friday.
909
01:15:59,429 --> 01:16:02,349
Did you end up
in a gun store in San Diego?
910
01:16:03,225 --> 01:16:08,480
Yes. We decided we would go ahead
and buy shotguns, um,
911
01:16:09,231 --> 01:16:13,944
and we felt that... we felt that
if we were gonna get attacked,
912
01:16:14,027 --> 01:16:15,529
it would be at night.
913
01:16:17,739 --> 01:16:21,618
I went in the house,
and, uh, I wanted to tell my mom
914
01:16:22,494 --> 01:16:24,496
that we were leaving.
915
01:16:25,289 --> 01:16:28,125
But my dad came in
as soon as he heard the argument.
916
01:16:28,208 --> 01:16:31,920
He spoke to my brother
and told him to go upstairs to his room
917
01:16:32,004 --> 01:16:33,005
and wait for him.
918
01:16:40,137 --> 01:16:42,347
My dad left and went in the den.
919
01:16:42,431 --> 01:16:45,601
I thought they were going ahead
with their plan to kill us.
920
01:16:46,226 --> 01:16:50,606
I ran upstairs to tell my brother
that it was happening now.
921
01:17:00,240 --> 01:17:01,867
We had the ammunition.
922
01:17:01,950 --> 01:17:04,119
We were just loading as fast as possible.
923
01:17:05,203 --> 01:17:06,705
We just burst through the doors.
924
01:17:07,205 --> 01:17:08,373
I started firing.
925
01:17:09,082 --> 01:17:10,167
In what direction?
926
01:17:10,250 --> 01:17:11,168
In front of me.
927
01:17:11,251 --> 01:17:12,961
What was in front of you?
928
01:17:13,587 --> 01:17:14,587
My parents.
929
01:17:17,507 --> 01:17:21,261
{\an8}Do you remember firing
a very close shot at your father?
930
01:17:23,388 --> 01:17:26,391
I don't remember
the shot, really.
931
01:17:27,559 --> 01:17:30,771
But I... remember the picture.
932
01:17:41,365 --> 01:17:44,326
What was it that happened
after the shooting ended?
933
01:17:45,118 --> 01:17:46,912
I heard a noise from my mom.
934
01:17:51,083 --> 01:17:54,086
Uh, I ran around and shot my mom.
935
01:17:56,004 --> 01:17:57,422
Where did you shoot her?
936
01:18:00,926 --> 01:18:03,512
I just reached over, and I shot her close.
937
01:18:05,514 --> 01:18:06,807
I started to scream.
938
01:18:07,307 --> 01:18:09,434
I couldn't handle what I was seeing.
939
01:18:24,991 --> 01:18:28,078
I dropped my gun,
and I went into the foyer.
940
01:18:29,538 --> 01:18:32,541
And I sat
against the wall.
941
01:18:34,334 --> 01:18:35,877
{\an8}Where did you go from there?
942
01:18:37,295 --> 01:18:40,132
I think we went
to the movie theater.
943
01:18:40,966 --> 01:18:44,386
We decided that we should go
and get tickets.
944
01:18:46,179 --> 01:18:49,182
And then we also decided
we obviously had to get rid of the guns.
945
01:18:49,725 --> 01:18:51,935
I really felt there was a small chance
946
01:18:52,018 --> 01:18:54,855
that, uh, they weren't gonna
figure out what happened.
947
01:18:55,647 --> 01:18:58,066
After that,
did you go back to the house?
948
01:18:58,150 --> 01:18:59,150
Yes.
949
01:19:00,193 --> 01:19:02,362
And I believe I went upstairs
to call the police.
950
01:19:02,446 --> 01:19:04,257
{\an8}- Are they still there?
- Yes.
951
01:19:04,281 --> 01:19:06,867
{\an8}- The people?
- No, no, no.
952
01:19:15,167 --> 01:19:16,585
We came out of the house,
953
01:19:17,502 --> 01:19:19,337
and they just took over.
954
01:19:39,524 --> 01:19:41,610
All right,
in regards to the defense?
955
01:19:41,693 --> 01:19:45,655
Yes, Your Honor. At this time,
Erik Menendez's defense rests.
956
01:19:45,739 --> 01:19:47,783
In regards to the Lyle Menendez?
957
01:19:47,866 --> 01:19:50,535
At this time,
the Lyle Menendez defense rests.
958
01:19:50,619 --> 01:19:53,038
All right,
the defendants have rested.
959
01:19:56,082 --> 01:19:59,211
A lot of people who sympathize
with the Menendez brothers
960
01:19:59,294 --> 01:20:00,962
say it was self-defense.
961
01:20:01,922 --> 01:20:06,176
Well, it wasn't from a legal perspective.
962
01:20:07,052 --> 01:20:09,054
It was imperfect self-defense.
963
01:20:09,763 --> 01:20:13,058
{\an8}Imperfect self-defense. I-M, imperfect.
964
01:20:13,141 --> 01:20:15,018
Meaning it's not perfect self-defense
965
01:20:15,101 --> 01:20:18,021
because the normal definition
of self-defense
966
01:20:18,980 --> 01:20:22,359
is that the defendants believe
967
01:20:22,442 --> 01:20:24,778
that they were about to be assaulted
968
01:20:24,861 --> 01:20:26,822
in some sort of serious manner.
969
01:20:26,905 --> 01:20:29,950
And they responded
in order to protect themselves.
970
01:20:30,033 --> 01:20:31,159
On the other hand,
971
01:20:31,743 --> 01:20:33,411
imperfect self-defense,
972
01:20:33,495 --> 01:20:37,707
the defendants honestly believe
they were in danger.
973
01:20:37,791 --> 01:20:40,627
But a reasonable person
just pulled off the streets,
974
01:20:41,461 --> 01:20:44,589
looking at it
as if it was a motion picture,
975
01:20:44,673 --> 01:20:47,300
would've said,
"Well, that's not reasonable."
976
01:20:47,384 --> 01:20:49,469
"They're not really in danger
at this moment."
977
01:20:49,970 --> 01:20:52,806
Which means that someone can be
978
01:20:53,807 --> 01:20:55,517
so in fear of their lives
979
01:20:55,600 --> 01:20:57,102
at that very moment,
980
01:20:57,185 --> 01:20:58,186
but mistaken,
981
01:20:59,062 --> 01:21:00,062
that they kill
982
01:21:01,064 --> 01:21:03,567
in imperfect self-defense.
983
01:21:03,650 --> 01:21:07,153
And if the jury believes
that they acted unreasonably
984
01:21:07,237 --> 01:21:09,072
but in an honest fear
985
01:21:09,155 --> 01:21:12,576
that their father was going to kill them
or hurt them severely,
986
01:21:13,118 --> 01:21:15,662
it gives them a mitigation from murder
987
01:21:15,745 --> 01:21:18,164
down to what we call
voluntary manslaughter.
988
01:21:52,115 --> 01:21:53,867
You've heard
all of the evidence
989
01:21:53,950 --> 01:21:55,590
and seen all of the evidence in the case.
990
01:21:55,660 --> 01:21:58,997
The argument will proceed
first with prosecution
991
01:21:59,080 --> 01:22:00,080
then defense.
992
01:22:00,624 --> 01:22:01,624
Thank you.
993
01:22:02,876 --> 01:22:05,045
These two men were of age.
994
01:22:05,545 --> 01:22:08,840
Let's say that Mr. and Mrs. Menendez
had thrown them out
995
01:22:08,924 --> 01:22:12,260
and said, "That's it.
I'm tired of it. You're out of here."
996
01:22:12,344 --> 01:22:14,596
These defendants had
no right to live in that house.
997
01:22:14,679 --> 01:22:17,599
It was not their house.
It was their parents' house.
998
01:22:17,682 --> 01:22:19,893
And there are many people
whose parents say,
999
01:22:19,976 --> 01:22:22,312
"When you turn 18, you're out of here."
1000
01:23:06,815 --> 01:23:09,901
We are not here
to try Mr. and Mrs. Menendez
1001
01:23:09,985 --> 01:23:11,695
for being bad parents.
1002
01:23:12,404 --> 01:23:15,198
We are not here to try Jose Menendez
1003
01:23:15,281 --> 01:23:19,703
for being an alleged, not a convicted,
but an alleged child molester.
1004
01:23:21,246 --> 01:23:24,457
This is a very straightforward case.
When these two people were sitting there
1005
01:23:24,541 --> 01:23:27,502
watching television,
and they got slaughtered by their sons.
1006
01:23:28,503 --> 01:23:31,006
Now the defense is
going to give you explanations
1007
01:23:31,089 --> 01:23:35,427
for why all these things
don't look as they do look.
1008
01:23:35,510 --> 01:23:38,680
It's kind of like if it walks like a duck
and it quacks like a duck
1009
01:23:38,763 --> 01:23:40,181
and it has feathers, it's a duck.
1010
01:23:40,265 --> 01:23:43,560
The defense is going to try to tell you
the duck in this case is really a donkey,
1011
01:23:43,643 --> 01:23:44,811
but that's not correct.
1012
01:23:45,353 --> 01:23:49,107
I'm telling you now
that whole defense was fabricated.
1013
01:23:49,733 --> 01:23:52,193
And it was done artfully,
but it was fabricated.
1014
01:23:52,277 --> 01:23:54,863
And if I were an immoral person,
1015
01:23:55,363 --> 01:23:57,991
I would have fabricated it
much the same way.
1016
01:24:00,493 --> 01:24:06,624
You need to decide what was going on
in Erik and Lyle Menendez's mind
1017
01:24:06,708 --> 01:24:07,917
that night
1018
01:24:08,001 --> 01:24:12,422
before you can decide
what kind of crime was committed.
1019
01:24:12,964 --> 01:24:16,801
The best that you can do
in this case from our perspective
1020
01:24:17,385 --> 01:24:18,511
is a manslaughter.
1021
01:24:19,304 --> 01:24:24,059
Because that is
an unreasonable killing in good faith.
1022
01:24:24,142 --> 01:24:28,438
And it is our suggestion to you
that that is what has occurred here.
1023
01:24:28,521 --> 01:24:30,190
In first-degree murder,
1024
01:24:30,273 --> 01:24:33,234
they were looking at
life in prison without parole.
1025
01:24:33,318 --> 01:24:36,029
Second-degree murder,
under which a sentence if convicted
1026
01:24:36,112 --> 01:24:37,614
would've been less than that.
1027
01:24:37,697 --> 01:24:40,200
Or manslaughter,
under which they would have served
1028
01:24:40,283 --> 01:24:43,787
some significantly reduced sentence
1029
01:24:43,870 --> 01:24:47,916
and been out
in maybe, oh, five to ten years.
1030
01:24:47,999 --> 01:24:50,126
So that's what the defense
was really going for.
1031
01:24:50,210 --> 01:24:51,878
Either this is a murder,
1032
01:24:51,961 --> 01:24:54,589
because everything
we have told you is not true
1033
01:24:54,672 --> 01:24:59,260
and they killed for reasons unproven
but completely different than what we say,
1034
01:24:59,344 --> 01:25:01,554
in which case it is a killing with malice,
1035
01:25:02,055 --> 01:25:04,474
or it is a killing that resulted
1036
01:25:04,557 --> 01:25:06,935
from the things
that we have told you about,
1037
01:25:07,018 --> 01:25:09,813
and that it was done
under a state of fear.
1038
01:25:09,896 --> 01:25:14,692
And if that is true, there is no malice,
and it can only be manslaughter.
1039
01:25:19,114 --> 01:25:21,032
It's been 14 weeks of defense.
1040
01:25:21,116 --> 01:25:23,701
Did they do what they... they set out to do,
do you think?
1041
01:25:24,202 --> 01:25:26,972
I think there's been a great deal
of distance created between our case,
1042
01:25:26,996 --> 01:25:28,790
which had to do with the murders,
1043
01:25:28,873 --> 01:25:31,709
and their case which had to do
with everything but the murders.
1044
01:25:31,793 --> 01:25:35,296
So, I think they succeeded in creating
distance between our evidence,
1045
01:25:35,380 --> 01:25:36,673
which is pretty good,
1046
01:25:36,756 --> 01:25:40,426
and when the jury is going to deliberate,
which is fairly soon.
1047
01:25:43,555 --> 01:25:46,307
It wasn't even a trial
of guilt or innocence
1048
01:25:46,391 --> 01:25:50,353
because the boys
had already confessed to it.
1049
01:25:50,937 --> 01:25:52,939
It was a question of degree.
1050
01:25:53,439 --> 01:25:55,733
I knew it was gonna be difficult,
1051
01:25:55,817 --> 01:25:57,318
because there were so many choices,
1052
01:25:57,402 --> 01:25:59,821
for us to agree on a choice.
1053
01:26:02,157 --> 01:26:06,327
If even one juror doesn't agree
in a criminal case,
1054
01:26:06,411 --> 01:26:07,537
there's no verdict.
1055
01:26:07,620 --> 01:26:10,748
So it can be 11 to 1 either way, and
you might have to retry the case again.
1056
01:26:10,832 --> 01:26:14,502
{\an8}Jurors have just broken for lunch.
They'll be back at work at about 1 p.m.
1057
01:26:14,586 --> 01:26:17,005
The Menendez trial
in Los Angeles,
1058
01:26:17,088 --> 01:26:19,883
as jury deliberations continue
for more than a week now,
1059
01:26:19,966 --> 01:26:22,177
everybody is wondering what's going on.
1060
01:26:23,094 --> 01:26:25,263
{\an8}My worst fear came to pass
1061
01:26:25,346 --> 01:26:29,893
{\an8}when we made the mistake
of taking a show of hands.
1062
01:26:29,976 --> 01:26:31,936
All of the men raised their hands
1063
01:26:32,687 --> 01:26:34,606
in favor of first-degree murder.
1064
01:26:35,148 --> 01:26:37,025
And none of the women raised their hands.
1065
01:26:37,108 --> 01:26:39,194
So I knew that we had a battle
on our hands.
1066
01:26:39,277 --> 01:26:40,737
A battle of the sexes.
1067
01:26:40,820 --> 01:26:45,325
The men instantly,
instantly voted for... for murder.
1068
01:26:46,075 --> 01:26:48,870
{\an8}I think the men had
a really hard time accepting the fact
1069
01:26:48,953 --> 01:26:52,540
{\an8}that a young man
could possibly be abused by his father.
1070
01:26:52,624 --> 01:26:56,753
{\an8}And the women were more... empathetic
1071
01:26:56,836 --> 01:27:00,590
in terms of understanding issues of abuse.
1072
01:27:00,673 --> 01:27:03,760
It was very emotional for me to think
1073
01:27:03,843 --> 01:27:06,554
that a child had been raised
1074
01:27:07,055 --> 01:27:09,182
the way that Erik had been raised.
1075
01:27:09,265 --> 01:27:11,059
And handled and treated that way.
1076
01:27:11,559 --> 01:27:16,231
And decided his only way
of having a better life
1077
01:27:16,814 --> 01:27:18,900
was to have one without
1078
01:27:19,859 --> 01:27:21,152
the parents in it.
1079
01:27:25,823 --> 01:27:29,786
These jurors are
feeling tremendous pressure
1080
01:27:29,869 --> 01:27:32,372
about coming to
some kind of a conclusion about this.
1081
01:27:37,126 --> 01:27:40,129
We told the judge
that we were at an impasse.
1082
01:27:40,213 --> 01:27:44,050
And he said, "Okay, but try again."
1083
01:27:44,133 --> 01:27:45,343
And we did try again.
1084
01:27:45,426 --> 01:27:48,763
{\an8}As long as you have jurors talking,
that they're not yelling and screaming
1085
01:27:48,846 --> 01:27:52,267
{\an8}or at each other's throats,
there's always a possibility of a verdict.
1086
01:27:59,107 --> 01:28:00,858
We deliberated for a month.
1087
01:28:00,942 --> 01:28:01,943
A month.
1088
01:28:13,913 --> 01:28:16,666
Stay away from this area here. Hey! Back!
1089
01:28:20,003 --> 01:28:22,005
I received your note
this morning,
1090
01:28:22,088 --> 01:28:24,924
and, um, let me just read it
into the record.
1091
01:28:27,468 --> 01:28:31,431
"We remain deadlocked
since our last report to you."
1092
01:28:31,514 --> 01:28:34,892
"We have been unable
to move closer to agreement
1093
01:28:34,976 --> 01:28:36,436
on any of the counts."
1094
01:28:36,519 --> 01:28:39,647
"If anything, we have become
more entrenched in our positions."
1095
01:28:40,440 --> 01:28:43,693
"A poll taken this morning
shows that the jury believes
1096
01:28:43,776 --> 01:28:47,030
there is no reasonable probability
of our reaching a verdict."
1097
01:28:48,031 --> 01:28:52,577
And therefore, uh, the court finds
that the jury is hopelessly deadlocked
1098
01:28:52,660 --> 01:28:55,580
and declares a mistrial.
1099
01:28:57,206 --> 01:28:59,876
Erik and Lyle's jury
split down the middle.
1100
01:28:59,959 --> 01:29:02,295
About half voted for murder
and half for manslaughter.
1101
01:29:03,129 --> 01:29:05,715
With the Erik Menendez
jury deadlocked,
1102
01:29:05,798 --> 01:29:08,217
a mistrial has been declared in his case.
1103
01:29:08,301 --> 01:29:10,928
The jurors in
the Lyle Menendez murder trial
1104
01:29:11,012 --> 01:29:14,891
have told the jury they are unable
to reach a verdict. Hopelessly deadlocked.
1105
01:29:17,977 --> 01:29:20,355
I felt terrible
that we couldn't reach a verdict.
1106
01:29:20,938 --> 01:29:21,939
We all did.
1107
01:29:22,023 --> 01:29:26,194
{\an8}I felt like, in a way,
it had been a big waste of time.
1108
01:29:26,778 --> 01:29:28,738
I do not think a decision
can be reached.
1109
01:29:28,821 --> 01:29:31,532
It's too divisive an issue.
There's too much information.
1110
01:29:32,116 --> 01:29:34,535
{\an8}And I think the district attorney
should just end it.
1111
01:29:36,120 --> 01:29:38,498
The prosecutors
in this case understand,
1112
01:29:39,207 --> 01:29:41,667
in hindsight,
that they lost control of the trial.
1113
01:29:42,543 --> 01:29:43,543
I didn't win.
1114
01:29:44,087 --> 01:29:47,382
Okay? I didn't lose in the sense
that they didn't go home.
1115
01:29:47,465 --> 01:29:49,717
But I didn't win. And that was hard.
1116
01:30:38,724 --> 01:30:41,853
{\an8}We are going to be
trying the case a second time.
1117
01:30:42,603 --> 01:30:46,274
{\an8}Some cases take more than one opportunity.
1118
01:30:46,858 --> 01:30:50,445
And I am pleased that
at least we have that second opportunity.
1119
01:30:50,528 --> 01:30:53,156
Had they come back
with voluntary manslaughter,
1120
01:30:53,239 --> 01:30:55,491
you would've seen
an entirely different reaction from me
1121
01:30:55,575 --> 01:30:58,244
because I would've been
utterly disappointed.
1122
01:30:58,828 --> 01:31:01,164
I went on TV
and said I wouldn't retry this case.
1123
01:31:01,247 --> 01:31:03,833
I'd rather eat ground glass for a year.
That's how I felt.
1124
01:31:03,916 --> 01:31:06,836
They didn't want me,
and I didn't want them.
1125
01:31:09,505 --> 01:31:12,842
I have every intention of
going forward with the death penalty, yes.
1126
01:31:14,677 --> 01:31:19,015
{\an8}It was a very physically, emotionally,
and intellectually debilitating process.
1127
01:31:19,557 --> 01:31:23,186
{\an8}Um, it was very, very difficult.
It's the hardest thing I've ever done.
1128
01:31:23,269 --> 01:31:27,273
{\an8}I mean, it's been the strangest thing
I've ever been through. My mother died.
1129
01:31:28,191 --> 01:31:29,484
{\an8}My son was born.
1130
01:31:30,151 --> 01:31:34,489
{\an8}I moved. I went through all this stuff.
I haven't shed a tear in five months.
1131
01:31:34,989 --> 01:31:37,116
- Do you feel this is a victory for you?
- No.
1132
01:31:37,200 --> 01:31:39,000
I've already expressed my views
on that point.
1133
01:31:39,035 --> 01:31:40,912
A victory is when my client is free.
1134
01:31:41,454 --> 01:31:46,334
The Menendez mistrials were
declared at the end of January of '94.
1135
01:31:47,376 --> 01:31:50,254
O.J. Simpson was arrested in June of '94.
1136
01:31:57,970 --> 01:32:01,641
{\an8}O.J. Simpson
is sitting in the back seat,
1137
01:32:01,724 --> 01:32:04,101
{\an8}and he has a gun at his head.
1138
01:32:04,185 --> 01:32:06,745
{\an8}Simpson was arrested
last night after leading police
1139
01:32:06,812 --> 01:32:08,856
{\an8}on a dramatic chase through the city.
1140
01:32:08,940 --> 01:32:11,275
He's scheduled
to be arraigned early next week
1141
01:32:11,359 --> 01:32:14,195
on charges of murdering
his ex-wife and her friend.
1142
01:32:14,904 --> 01:32:19,283
O.J. suddenly, you know,
took over all of the media.
1143
01:32:19,784 --> 01:32:22,453
O.J. was Menendez on steroids.
1144
01:32:22,537 --> 01:32:25,915
I always say we did the warm-up trial
for the O.J. Simpson spectacle.
1145
01:32:25,998 --> 01:32:26,916
O.J. today. O.J.
1146
01:32:26,999 --> 01:32:29,794
I think the general public
had kind of forgotten
1147
01:32:29,877 --> 01:32:31,295
about Erik and Lyle Menendez.
1148
01:32:31,379 --> 01:32:35,591
They were much more enthralled
by the O.J. Simpson case at that point.
1149
01:32:36,425 --> 01:32:39,470
How do you plead to counts one and two?
1150
01:32:39,554 --> 01:32:41,973
Absolutely 100% not guilty.
1151
01:32:42,056 --> 01:32:44,475
It's being called
the trial of the century,
1152
01:32:44,559 --> 01:32:46,435
and it could last up to six months.
1153
01:32:53,234 --> 01:32:54,944
{\an8}Nobody does it better than Hertz.
1154
01:33:05,454 --> 01:33:11,085
Erik was in the celebrity part
of the prison with O.J.
1155
01:33:11,168 --> 01:33:13,879
And Lyle was on a different floor.
1156
01:33:13,963 --> 01:33:15,464
He was bored.
1157
01:33:15,548 --> 01:33:19,844
Really, his only sort of amusement
was to talk on the phone.
1158
01:33:26,225 --> 01:33:29,770
Norma Novelli is talking about
a controversial new book she's writing
1159
01:33:29,854 --> 01:33:31,105
about Lyle Menendez.
1160
01:33:31,188 --> 01:33:33,649
Novelli, a former confidante of Lyle's,
1161
01:33:33,733 --> 01:33:36,527
claims she talked with him
extensively in jail for the book.
1162
01:33:37,486 --> 01:33:40,531
He would call her
at seven o'clock at night.
1163
01:33:40,615 --> 01:33:44,243
Norma at some point
started recording his phone calls.
1164
01:33:57,798 --> 01:34:00,509
Norma Novelli taped
conversations with Lyle
1165
01:34:00,593 --> 01:34:02,845
over a two-and-a-half-year period.
1166
01:34:02,928 --> 01:34:05,723
During that time,
Lyle admitted he would be willing to lie
1167
01:34:05,806 --> 01:34:07,058
to help his case
1168
01:34:07,141 --> 01:34:09,852
when he felt
he had to counter damaging testimony
1169
01:34:09,935 --> 01:34:12,480
from psychologist Jerome Oziel.
1170
01:34:25,576 --> 01:34:29,121
The prosecution was coming out
between the two trials,
1171
01:34:29,205 --> 01:34:33,501
and they said, "The Norma Novelli tapes
are gonna bury Lyle Menendez."
1172
01:34:33,584 --> 01:34:36,379
I think it's pretty obvious
there's a serious credibility problem
1173
01:34:36,462 --> 01:34:37,296
with this witness.
1174
01:34:37,380 --> 01:34:42,301
It turned out none of the tapes
were ever admitted into the trial.
1175
01:34:53,396 --> 01:34:57,274
I think she had a crush on Lyle,
which was really weird
1176
01:34:57,358 --> 01:35:02,029
since she was in her mid to late fifties
and Lyle was in his twenties.
1177
01:35:02,113 --> 01:35:05,908
Robert Rand, who is writing
his own book about the Menendez case,
1178
01:35:05,991 --> 01:35:07,993
has known Norma Novelli for years.
1179
01:35:08,077 --> 01:35:10,913
At some point, uh, she became disenchanted
1180
01:35:10,996 --> 01:35:12,915
because of his interest in other women.
1181
01:35:13,624 --> 01:35:15,464
Were you in love
with Lyle Menendez?
1182
01:35:15,501 --> 01:35:16,752
No, I wasn't.
1183
01:35:46,073 --> 01:35:48,073
We, the jury,
in the above entitled action,
1184
01:35:48,117 --> 01:35:50,327
find the defendant,
Orenthal James Simpson,
1185
01:35:50,411 --> 01:35:52,288
not guilty of the crime of murder.
1186
01:35:55,666 --> 01:35:57,706
You were very anxious
about the decision.
1187
01:35:57,752 --> 01:35:59,420
What do you think upon hearing it?
1188
01:35:59,503 --> 01:36:01,881
- Seriously?
- Of course.
1189
01:36:02,673 --> 01:36:03,673
In a word?
1190
01:36:04,341 --> 01:36:05,176
Disgusting.
1191
01:36:05,259 --> 01:36:07,386
I don't agree with it.
I think he's guilty.
1192
01:36:08,220 --> 01:36:10,181
Lose faith
in the justice system?
1193
01:36:10,723 --> 01:36:13,184
Um, no. It teaches me what money can buy.
1194
01:36:13,267 --> 01:36:15,603
Did the Simpson verdict
have an effect on your trial?
1195
01:36:15,686 --> 01:36:16,979
- Do you think?
- I don't know.
1196
01:36:17,062 --> 01:36:19,440
- But I cried when it came in.
- You cried?
1197
01:36:19,523 --> 01:36:20,923
I cried in the Van Nuys courthouse.
1198
01:36:20,983 --> 01:36:23,336
I thought all defense attorneys
wanted a not guilty.
1199
01:36:23,360 --> 01:36:25,529
No, I said this is bad for the boys.
1200
01:36:26,280 --> 01:36:27,782
And everybody else.
1201
01:36:27,865 --> 01:36:29,634
- Why?
- It's going to be payback time.
1202
01:36:49,261 --> 01:36:52,223
{\an8}It is the retrial
of Erik and Lyle Menendez.
1203
01:36:52,306 --> 01:36:55,059
The brothers, you'll recall,
are accused of the brutal shotgun murder
1204
01:36:55,142 --> 01:36:58,604
of their parents in
their Beverly Hills mansion back in 1989.
1205
01:36:59,980 --> 01:37:04,485
{\an8}The second trial started within a week
or ten days of the O.J. Simpson acquittal.
1206
01:37:04,568 --> 01:37:07,404
Some people have suggested
that the timing on the second trial,
1207
01:37:07,488 --> 01:37:09,615
given that O.J. had just been acquitted,
1208
01:37:09,698 --> 01:37:13,744
is responsible for the different approach
taken by the prosecution
1209
01:37:13,828 --> 01:37:15,871
and the different approach
taken by the trial judge.
1210
01:37:15,955 --> 01:37:20,751
Judge Stanley Weisberg was embarrassed
and humiliated by the lack of verdicts
1211
01:37:20,835 --> 01:37:23,128
in the first Menendez trial.
1212
01:37:23,212 --> 01:37:27,174
People were calling
into radio stations and saying,
1213
01:37:27,258 --> 01:37:29,093
"What's wrong with that judge?"
1214
01:37:29,176 --> 01:37:31,053
And so he was determined
1215
01:37:31,136 --> 01:37:34,348
that he was gonna get
a conviction in the second trial.
1216
01:37:34,431 --> 01:37:38,602
The judge asked us to disregard
anything we knew coming into the trial.
1217
01:37:38,686 --> 01:37:42,606
{\an8}I really didn't know what arguments
had been made in the first trial
1218
01:37:42,690 --> 01:37:45,901
{\an8}and what evidence, um, had been presented.
1219
01:37:46,735 --> 01:37:48,988
Judge Stanley Weisberg
this time
1220
01:37:49,071 --> 01:37:52,491
says he will limit
the number of experts and witnesses called
1221
01:37:52,575 --> 01:37:56,078
to support
the so-called abuse excuse defense.
1222
01:38:26,901 --> 01:38:29,945
I'm surprised he doesn't take out a rifle
in the courtroom and shoot him.
1223
01:38:30,613 --> 01:38:35,075
The second trial was
very, very different from the first trial.
1224
01:38:35,159 --> 01:38:37,328
Number one, there was no television.
1225
01:38:37,411 --> 01:38:42,082
When there's a camera in the courtroom,
it changes the dynamic of everything.
1226
01:38:42,666 --> 01:38:46,045
Everyone thought that
this should be just a matter for the jury
1227
01:38:46,128 --> 01:38:47,838
rather than for a national audience.
1228
01:39:00,100 --> 01:39:02,686
The problem was that
because Lyle did not testify,
1229
01:39:02,770 --> 01:39:06,523
a lot of what lawyers would call
foundational testimony was not available.
1230
01:39:06,607 --> 01:39:09,109
And that left Lyle
in a very precarious position.
1231
01:39:09,193 --> 01:39:12,154
The teachers and coaches
and family and friends
1232
01:39:12,237 --> 01:39:14,907
were never on the stand
in the second trial.
1233
01:39:24,333 --> 01:39:28,045
When the judge keeps out evidence
that Diane Vander Molen said
1234
01:39:28,128 --> 01:39:30,297
that Lyle said,
when he was eight years old,
1235
01:39:30,381 --> 01:39:31,715
"My dad's touching my penis,"
1236
01:39:31,799 --> 01:39:33,759
uh, and when the defense theory
1237
01:39:33,842 --> 01:39:37,429
is that Lyle has suffered sexual abuse
from his father,
1238
01:39:37,513 --> 01:39:39,890
uh, that's evidence
that just can't be kept out.
1239
01:39:39,974 --> 01:39:40,974
It just can't.
1240
01:39:41,308 --> 01:39:42,308
But it was.
1241
01:39:44,853 --> 01:39:47,690
Contradicting the decision
made in the first trial,
1242
01:39:48,524 --> 01:39:52,778
he did not give the jury the option
of finding manslaughter.
1243
01:39:53,278 --> 01:39:54,154
So the jury,
1244
01:39:54,238 --> 01:39:56,865
their choices are
basically murder or nothing.
1245
01:39:56,949 --> 01:39:58,749
It's an interesting thing
to consider
1246
01:39:58,784 --> 01:40:01,286
that the prosecution
doesn't have to prove a motive.
1247
01:40:01,370 --> 01:40:05,040
The prosecution has to prove
the elements of the crime were committed.
1248
01:40:05,124 --> 01:40:07,251
And the prosecution did that.
1249
01:40:07,334 --> 01:40:09,294
{\an8}I've never been in this position before
1250
01:40:09,378 --> 01:40:11,380
{\an8}where I was unable
to actually put on my case
1251
01:40:11,463 --> 01:40:15,509
and unable to get the instructions
that under all the case authority apply.
1252
01:40:15,592 --> 01:40:18,971
Let's be candid. Once the main theory
of defense doesn't go to the jury,
1253
01:40:19,054 --> 01:40:20,054
the case is over.
1254
01:40:21,432 --> 01:40:24,518
When the judge decided
what evidence we could consider,
1255
01:40:24,601 --> 01:40:27,938
we were given
either first-degree murder as an option
1256
01:40:28,022 --> 01:40:30,774
or no crime whatsoever.
1257
01:40:30,858 --> 01:40:33,527
We voted unanimously to convict.
1258
01:40:36,071 --> 01:40:37,551
It took less than a week
1259
01:40:37,614 --> 01:40:39,700
for a jury to convict
Erik and Lyle Menendez
1260
01:40:39,783 --> 01:40:42,536
of first-degree murder
with special circumstances.
1261
01:40:43,203 --> 01:40:46,415
The reaction from Los Angeles
District Attorney Gil Garcetti?
1262
01:40:46,498 --> 01:40:47,498
Whoo!
1263
01:40:47,541 --> 01:40:49,418
A fist thrust into the air.
1264
01:40:49,501 --> 01:40:53,338
A much needed victory for the DA
after losing the O.J. Simpson case.
1265
01:40:54,256 --> 01:40:56,341
When the verdict came back,
I fell apart.
1266
01:40:56,425 --> 01:40:57,705
I was happy they were convicted,
1267
01:40:57,760 --> 01:41:01,305
but I fell apart because
they got convicted and I didn't do it.
1268
01:41:01,388 --> 01:41:03,640
{\an8}The second jury convicted the brothers
1269
01:41:03,724 --> 01:41:05,893
{\an8}because they saw
a completely different trial
1270
01:41:05,976 --> 01:41:08,937
{\an8}that was engineered
to guarantee murder verdicts.
1271
01:41:09,021 --> 01:41:14,610
To show them so much less
makes it not fair to the brothers.
1272
01:41:26,205 --> 01:41:31,043
Tom, we've just heard only seconds ago
that the verdict is life without parole
1273
01:41:31,126 --> 01:41:32,628
for both Menendez brothers.
1274
01:41:32,711 --> 01:41:34,838
{\an8}There's no way we could put them to death.
1275
01:41:35,422 --> 01:41:39,301
{\an8}Even though that horrible crime happened
and what they did was horrible,
1276
01:41:39,384 --> 01:41:40,636
there was other things...
1277
01:41:40,719 --> 01:41:44,223
there are good things about them
that warrant their life.
1278
01:42:11,792 --> 01:42:13,836
Erik and Lyle Menendez,
1279
01:42:13,919 --> 01:42:15,629
the infamous brothers.
1280
01:42:16,171 --> 01:42:20,008
Tonight, for the very first time
out of court, you will hear their story.
1281
01:42:20,092 --> 01:42:21,927
Tonight, watching our interview,
1282
01:42:22,010 --> 01:42:24,346
you can reach your own verdict about them.
1283
01:42:24,930 --> 01:42:27,432
It's important to you to stay together
1284
01:42:27,516 --> 01:42:30,310
when you get moved to the state prison?
1285
01:42:30,894 --> 01:42:31,895
Very important.
1286
01:42:31,979 --> 01:42:35,149
That is what's gotten us through
these six years.
1287
01:42:35,232 --> 01:42:37,985
There's a good probability
I will never see him again.
1288
01:42:38,735 --> 01:42:39,735
And...
1289
01:42:41,530 --> 01:42:43,115
And that, uh...
1290
01:42:44,867 --> 01:42:45,867
That I...
1291
01:42:47,369 --> 01:42:48,871
Some things that you cannot take
1292
01:42:48,954 --> 01:42:51,290
and there's some things
that you can endure.
1293
01:42:51,373 --> 01:42:52,373
Uh...
1294
01:42:53,000 --> 01:42:54,877
With everything taken away,
1295
01:42:54,960 --> 01:42:57,337
it would be the last thing you can take.
1296
01:44:09,701 --> 01:44:12,955
The brothers took an appeal
to the federal court system.
1297
01:44:13,455 --> 01:44:17,459
A three-judge panel said
their appeal was without merit.
1298
01:44:17,542 --> 01:44:18,794
And that's the end of it.
1299
01:44:18,877 --> 01:44:21,713
There's... There's no further grounds
for appeal.
1300
01:46:06,943 --> 01:46:10,572
He learned that he had
a real talent for painting.
1301
01:46:11,573 --> 01:46:14,951
Before that,
he was lucky to even draw stick figures.
1302
01:46:15,619 --> 01:46:17,329
I got a package from him.
1303
01:46:17,412 --> 01:46:20,123
We... We often wrote letters back and forth.
1304
01:46:20,207 --> 01:46:23,668
And this time,
this big rolled-up paper came.
1305
01:46:24,169 --> 01:46:27,547
I opened it,
and it was a beautiful oil painting.
1306
01:46:43,271 --> 01:46:44,271
Um...
1307
01:47:04,376 --> 01:47:07,212
{\an8}The Beverly Hills brothers
convicted of killing their parents
1308
01:47:07,295 --> 01:47:10,173
{\an8}have been reunited
in a Southern California prison.
1309
01:47:10,257 --> 01:47:13,135
{\an8}This week, Erik Menendez moved
into the same housing unit
1310
01:47:13,218 --> 01:47:15,053
{\an8}as his brother, Lyle.
1311
01:47:57,512 --> 01:47:59,764
There are 200 men
1312
01:47:59,848 --> 01:48:02,434
standing in our studio audience right now.
1313
01:48:03,143 --> 01:48:06,688
Each one is holding
a picture of themselves
1314
01:48:07,230 --> 01:48:11,735
at the age when they say
they were first sexually abused.
1315
01:50:03,513 --> 01:50:05,307
In the fall of 2020,
1316
01:50:05,807 --> 01:50:09,686
my son came to me, and he said,
"Dad, you have to take a look at TikTok."
1317
01:50:09,769 --> 01:50:12,355
"It's full of Menendez brothers videos."
1318
01:50:12,439 --> 01:50:13,857
And I was like, "What?"
1319
01:50:15,066 --> 01:50:19,404
I went to TikTok
and found thousands of videos.
1320
01:50:20,739 --> 01:50:26,328
Most of them are becoming
very well-educated on the case.
1321
01:50:26,870 --> 01:50:28,931
People think
that these two brothers
1322
01:50:28,955 --> 01:50:30,624
should be out of prison by now.
1323
01:50:30,707 --> 01:50:33,209
The reason they decided
to take their parents' lives that day
1324
01:50:33,293 --> 01:50:35,253
is because they feared
for their own lives.
1325
01:50:35,337 --> 01:50:38,381
{\an8}They didn't kill their parents for money.
They were in fear of their lives.
1326
01:50:38,465 --> 01:50:40,759
{\an8}They just wanted the abuse to stop.
1327
01:50:41,968 --> 01:50:45,263
And the fact that there is
a completely new generation
1328
01:50:45,347 --> 01:50:48,141
that wasn't even born
at the time of the first trial
1329
01:50:48,224 --> 01:50:50,935
that now supports the brothers
is remarkable.
1330
01:50:51,436 --> 01:50:54,230
Millions of young people
are looking back online
1331
01:50:54,314 --> 01:50:58,818
{\an8}and they're reexamining old news stories
from the '90s and 2000s particularly
1332
01:50:58,902 --> 01:51:00,987
{\an8}and looking at them
with a fresh set of eyes.
1333
01:51:01,571 --> 01:51:04,616
These kids went through
some horrible things,
1334
01:51:04,699 --> 01:51:06,743
and it wasn't right what happened to them.
1335
01:51:30,600 --> 01:51:34,104
The Menendez case preceded
the Me Too movement.
1336
01:51:34,604 --> 01:51:38,983
Society's understanding more about abuse
1337
01:51:39,067 --> 01:51:40,902
makes more people believe them.
1338
01:51:40,985 --> 01:51:44,030
If they were tried today, I think
the most they'd get is manslaughter.
1339
01:51:44,531 --> 01:51:46,658
People are looking at the case
with fresh eyes,
1340
01:51:46,741 --> 01:51:49,494
with a new understanding
of what battered person syndrome is.
1341
01:51:49,577 --> 01:51:52,223
Boy, would I like to believe that.
They're looking at it and saying,
1342
01:51:52,247 --> 01:51:54,749
"Well, wait a minute,
there's an injustice here."
1343
01:51:54,833 --> 01:51:58,253
The only reason we're doing this special
is because of the TikTok movement
1344
01:51:58,336 --> 01:52:00,004
to free the Menendi.
1345
01:52:00,088 --> 01:52:03,925
If that's how we're gonna try cases now,
why don't we just, like, have a poll?
1346
01:52:04,008 --> 01:52:06,761
You present the facts,
everybody gets to vote on TikTok,
1347
01:52:06,845 --> 01:52:08,596
and then we decide who gets to go home.
1348
01:52:08,680 --> 01:52:12,308
Your beliefs are not facts.
They're just beliefs.
1349
01:52:12,392 --> 01:52:15,437
And by the way,
all you TikTok people, I'm armed.
1350
01:52:15,520 --> 01:52:18,356
We got guns all over the house.
So don't mess with me.
114518
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