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These are the user uploaded subtitles that are being translated: 1 00:00:30,488 --> 00:00:32,032 {\an8}Oh, no. 2 00:00:37,954 --> 00:00:40,994 {\an8}It is one of the most sensational criminal cases in the country. 3 00:00:41,041 --> 00:00:42,917 {\an8}Lyle and Erik Menendez, 4 00:00:43,001 --> 00:00:46,254 {\an8}the brothers accused of murdering their rich parents in Beverly Hills. 5 00:02:55,049 --> 00:02:59,304 Beverly Hills, one of the most expensive pieces of real estate. 6 00:03:01,014 --> 00:03:05,143 Beverly Hills is vibrant, alive, chic, and sophisticated. 7 00:03:06,394 --> 00:03:08,980 โ™ช The best things in life are free โ™ช 8 00:03:09,731 --> 00:03:12,317 Beverly Hills was really the American dream. 9 00:03:12,817 --> 00:03:14,819 {\an8}People wanted to live in those mansions. 10 00:03:14,903 --> 00:03:16,821 {\an8}People wanted to have that kind of money. 11 00:03:17,614 --> 00:03:22,285 And in the 1980s, Beverly Hills, as well as the rest of the United States, 12 00:03:22,368 --> 00:03:24,996 was really in the era of "greed is good." 13 00:03:25,079 --> 00:03:30,793 {\an8}90210 is one of the most exclusive zip codes in the world. 14 00:03:30,877 --> 00:03:33,338 It's the place for the rich and famous. 15 00:03:35,673 --> 00:03:37,193 Everybody knows Beverly Hills. 16 00:03:37,258 --> 00:03:40,470 {\an8}If you live in Oklahoma, you've heard of Beverly Hills. 17 00:03:42,388 --> 00:03:46,017 {\an8}This was maybe the safest place in America. 18 00:03:46,684 --> 00:03:49,062 Murders don't happen in Beverly Hills, 19 00:03:49,145 --> 00:03:52,649 and then two boys don't kill their parents in Beverly Hills. 20 00:04:14,587 --> 00:04:16,714 At approximately 11:47 p.m., 21 00:04:16,798 --> 00:04:19,717 uh, we received a 911 emergency call 22 00:04:19,801 --> 00:04:22,178 of possible shooting victims at this location. 23 00:04:22,762 --> 00:04:27,600 {\an8}Our officers responded and did, in fact, determine that there had been a shooting. 24 00:04:27,684 --> 00:04:29,894 It's not supposed to happen in Beverly Hills. 25 00:04:29,978 --> 00:04:32,563 A movie executive and his wife were brutally slain 26 00:04:32,647 --> 00:04:34,440 in their million-dollar mansion. 27 00:04:34,524 --> 00:04:36,401 There were no clues and no suspects. 28 00:04:37,443 --> 00:04:40,738 Neighbors say they heard several gunshots and then screams 29 00:04:40,822 --> 00:04:42,991 shortly after ten o'clock Sunday night. 30 00:04:43,491 --> 00:04:45,994 The bodies of Jose Menendez and his wife, Kitty, 31 00:04:46,077 --> 00:04:48,788 were found inside their Elm Drive home. 32 00:04:49,539 --> 00:04:52,583 {\an8}I got a phone call from my brother, Brian. 33 00:04:54,627 --> 00:04:57,213 {\an8}And he told me Kitty and Jose had been shot. 34 00:04:57,297 --> 00:05:00,800 I... put the phone down, 35 00:05:00,883 --> 00:05:03,344 and I started running around the house screaming. 36 00:05:03,428 --> 00:05:06,222 I... I couldn't... I couldn't bear it, 37 00:05:06,306 --> 00:05:09,684 and it's still difficult thinking about it. 38 00:05:12,562 --> 00:05:14,402 Now that you know what has happened, 39 00:05:14,439 --> 00:05:16,119 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 41 00:05:19,235 --> 00:05:21,435 where something like this has happened so close to home. 42 00:05:22,989 --> 00:05:26,492 {\an8}I recall distinctly that when the police went into the den 43 00:05:26,576 --> 00:05:28,119 {\an8}where the two bodies were, 44 00:05:28,202 --> 00:05:33,041 that Jose Menendez's head had been... the back of his skull had been blown off, 45 00:05:33,124 --> 00:05:35,835 and while they were there, his brains fell out on the floor. 46 00:05:35,918 --> 00:05:40,506 There was brain matter and blood, uh, dripping from the ceiling. 47 00:05:41,466 --> 00:05:44,302 {\an8}The bodies were, you know, in terrible shape. 48 00:05:45,094 --> 00:05:48,389 {\an8}Shotguns, you know, do horrible damage to a human body. 49 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. 51 00:05:55,271 --> 00:05:59,192 {\an8}Somebody had picked up all the shells from the shotgun casings. 52 00:06:00,777 --> 00:06:03,279 {\an8}I've been in this business for over 33 years, 53 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 00:06:12,288 --> 00:06:15,291 {\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. 57 00:06:18,669 --> 00:06:21,005 They were hysterical. They were overacting. 58 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. 61 00:07:07,343 --> 00:07:11,013 They have much better customer service for their citizens. 62 00:08:40,895 --> 00:08:44,524 {\an8}Statistically, if you have a domestic homicide, 63 00:08:44,607 --> 00:08:48,986 you would be an idiot police officer not to consider other family members. 64 00:08:49,070 --> 00:08:50,988 On the other hand, this is Beverly Hills, 65 00:08:51,072 --> 00:08:54,784 and the idea that the sons, at 21 and 18, could have been so responsible 66 00:08:54,867 --> 00:08:57,578 for such incredible acts of violence, 67 00:08:57,662 --> 00:08:59,247 you have a tension here. 68 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. 73 00:09:23,521 --> 00:09:26,816 I met Erik and Lyle Menendez at the Menendez mansion 74 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. 76 00:09:32,989 --> 00:09:35,241 They were laughing. They were joking. 77 00:09:35,324 --> 00:09:38,536 I kept feeling, "This is so strange." 78 00:09:39,036 --> 00:09:43,666 "How can they be living here after this terrible crime took place?" 79 00:09:59,181 --> 00:10:01,684 Lyle Menendez did 90% of the talking 80 00:10:01,767 --> 00:10:04,186 the first day that I met with the two brothers, 81 00:10:04,687 --> 00:10:07,440 and he told me, "We did so many things together." 82 00:10:07,523 --> 00:10:11,277 "We loved each other so much. We spent so much time together." 83 00:10:11,777 --> 00:10:16,782 At one point, Lyle Menendez asked me if I would like to work with the brothers 84 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. 86 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. 88 00:10:53,277 --> 00:10:55,738 He's telling me these grandiose plans. 89 00:10:55,821 --> 00:10:57,865 These guys are 18 and 21. 90 00:12:06,350 --> 00:12:10,146 There was a memorial service at the Princeton University chapel. 91 00:12:10,229 --> 00:12:14,692 {\an8}The most poignant moment was when Lyle read a letter from his father. 92 00:12:15,359 --> 00:12:19,822 {\an8}It said, "I believe that both you and Erik can make a difference." 93 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." 97 00:12:31,834 --> 00:12:33,961 Friends of Jose and Kitty Menendez 98 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. 100 00:12:43,137 --> 00:12:47,850 Erik and Lyle Menendez were each handling the deaths of their parents 101 00:12:47,933 --> 00:12:49,393 in very different ways. 102 00:12:49,477 --> 00:12:55,274 Lyle Menendez really kind of became like his father overnight. 103 00:12:55,858 --> 00:12:59,403 Suddenly, he went from being a goofy college kid 104 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 106 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, 108 00:13:09,955 --> 00:13:12,374 saying he feared for his own life 109 00:13:12,458 --> 00:13:15,002 because his father had a lot of business enemies. 110 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, 114 00:13:44,281 --> 00:13:46,450 as if they'd been desperate for that kind of money. 115 00:13:46,534 --> 00:13:50,621 Porsche Carrera, Jeep Wrangler, three Rolexes. 116 00:13:50,704 --> 00:13:53,165 Ching. Ching. Ching. Ching. Ching. 117 00:13:53,249 --> 00:13:54,249 Spending money. 118 00:13:55,209 --> 00:13:58,087 Erik dropped plans to enter UCLA 119 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, 121 00:14:04,760 --> 00:14:08,097 and a restaurant near the family's former home in Princeton, New Jersey. 122 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, 124 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, 131 00:15:21,003 --> 00:15:22,838 they'd come to me and say, "We have this now." 132 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, 140 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. 142 00:16:02,252 --> 00:16:04,588 Today at approximately 1:20 p.m., 143 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, 145 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, 147 00:16:19,186 --> 00:16:22,606 a $14 million inheritance to be shared by the brothers. 148 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 152 00:17:40,976 --> 00:17:42,895 was a jaw drop. 153 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, 155 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. 165 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 171 00:18:41,286 --> 00:18:44,039 has suddenly become the most sought-after property in Hollywood. 172 00:18:44,623 --> 00:18:46,959 Two California brothers have pleaded not guilty 173 00:18:47,042 --> 00:18:49,211 to charges they killed their wealthy parents. 174 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. 176 00:18:58,929 --> 00:19:01,223 I was at work. I worked for the phone company. 177 00:19:01,849 --> 00:19:05,602 Uh, Jose's secretary had called me 178 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. 181 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, 189 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 โ™ช Hertz, the Superstar โ™ช 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 โ™ช Since I felt as strong As I feel for you โ™ช 363 00:33:16,244 --> 00:33:19,455 โ™ช I just want you to hold me โ™ช 364 00:33:19,539 --> 00:33:21,457 โ™ช Let me show you โ™ช 365 00:33:21,541 --> 00:33:26,212 โ™ช How love can make Our dreams come true... โ™ช 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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