TRIAL STORY: THE MENENDEZ BROTHERS ON TRIAL: THE REAL STORY (TV)

Summary

One in this series of documentary films that present condensed and annotated versions of high-profile trials.

This episode examines the case brought against the Menendez brothers, Erik and Lyle, for murdering their parents Jose and Kitty Menendez. The murders take place on August 20th, 1989 at the Menendez home in Beverly Hills, and the brothers at first claim that the mafia was responsible. The brothers, having enjoyed a rich lifestyle courtesy of their father, an entertainment executive, but there appear to be domestic problems in their home in the late 1980’s. In 1988, Lyle is suspended from Princeton University for plagiarism and Erik takes part in several burglaries. Both of them are sent to consult a psychologist, Dr. Jerome Oziel. The brothers confess to the murders to Dr. Oziel, and eventually the police become aware of the confession. They are arrested and put on trial, and stay imprisoned for three years as they deny the first-degree murder charges against them.

The lead prosecutor against the Menendez brothers, Pamela Bozanich, contends that greed motivated them to kill their parents in order to inherit their fortune without any interference. A few weeks before the trial begins, the defense attorneys publicly claim that the brothers were “in immediate danger of death or bodily injury” from their parents at the time of the murder, further claiming that their parents were physically and emotionally abusive towards them for years. They claim that their father molested them since they were small children, and that their parents planned their deaths when they discovered that they were going to go public about the abuse. Media attention surrounds the trial with increasing frequency in the days leading up to it. The trial begins with Bozanich making an opening statement for the prosecution, arguing that the murder was premeditated and motivated by simple greed. The defense, led by Leslie Abramson, introduces the allegations of abuse from Mr. and Mrs. Menendez in its opening statement.

Over 500 people are questioned and screened to be jurors for the trial, a process made difficult due to the high level of media attention surrounding the case. Two juries are selected, one for each brother; they witness the trial simultaneously but come to their decisions separately. The prosecution begins by calling several police officers to the stand as witnesses in order to describe the scene at which the bodies of Mr. and Mrs. Menendez were found. Using their testimony, the prosecution asserts that elements of the crime scene indicate that the murder was premeditated, and not done in self-defense as the defense claims. The defense casts aspersions on this claim by citing elements of ambiguity at the crime scene. The prosecution attempts to elicit an emotional reaction from the jurors by putting large photographs of the mutilated bodies of Mr. and Mrs. Menendez into evidence. They also enter a recording of the 911 call placed to the police by Lyle on the night of the murder, as well as evidence that the Menendez brothers purchased a pair of large shotguns a few days before the incident. The brothers’ friend and former tennis coach Perry Berman is questioned about a phone conversation he had with Lyle shortly before the murder. Prosecutors claim that Berman is being unwittingly used by the brothers to reinforce their alibi, but Abramson finds this notion “ridiculous.”

Prosecutors go on to claim that the brothers had designs on the Menendez family fortune, valued at around eight million dollars. Two computer programmers sent to inspect Mr. and Mrs. Menendez’s will on their hard drive after the killings, but it cannot be found. Furthermore, evidence is entered claiming that the brothers went on a sizeable shopping spree a few days after the murders. Their spending is expounded upon in great detail, but the jury is not totally convinced, as the Menendez family’s wealthy lifestyle already lends itself to such lavish spending. Dr. Oziel is called to the stand by the prosecution to discuss the confession that the brothers made to him during their sessions with him. He recounts how Erik confessed to him just outside his office one day, and he passes on this information to his ex-girlfriend Judalon Smyth, who in turn reports it to the police. During the trial it is revealed that Dr. Oziel has a tape recording of the brothers’ confession. In the years before the trial, the defense fights to keep the tape from being admitted as evidence amid questions about doctor-patient confidentiality, but are unsuccessful. He takes the stand and describes the confession he heard from the brothers, including the allegations of abuse by their parents, particularly their father.

Abramson cross-examines Dr. Oziel, convinced that he is manipulating the proceedings for his own benefit. She points out that Dr. Oziel did not make any notes of his sessions with Erik and Lyle, casting doubt as to the accuracy of his memory. She is clearly antagonistic towards Dr. Oziel as she questions him as to why he did not inform the police that the brothers threatened him. This cross-examination continues for six days as the tension between Abramson and Dr. Oziel increases, and she attempts to call his character into question via his relationship with Smyth, including the suit she brought against him for inappropriate conduct and attempting to give her drugs. The questions about Dr. Oziel come to dominate the trial, and the prosecution expresses a belief that this is a large-scale diversionary tactic in order to muddle the jury’s perceptions of the trial. The prosecution calls Erik’s former best friend Craig Cignarelli to the stand; he and Erik wrote a screenplay about a young man killing his father for money, and he claims that Erik described the murder to him in detail. However, Abramson gets Cignarelli to admit that the entire description could have been a “mind game” on Erik’s part, making it unclear if it is the truth or not.

Four weeks into the trial, the prosecution rests its case. The defense begins by calling Jose Menendez’s sister Marta Cano to the stand. She recounts incidents from Erik’s early life in which she testifies that Jose was negligent and emotionally abusive, and that Kitty did nothing to prevent him from doing so and expressed a wish that her children had not been born. Further testimony from various relatives, friends, and associates reinforce Cano’s claims. The brothers themselves are called to the stand; Lyle states that he and his brother killed their parents because they were “afraid.” Lyle emotionally testifies that his father molested him and describes such incidents in detail, including his claim that his father raped him. He also claims that this induced him to molest Erik in a similar manner, and recounts discovering that his father also molested Erik. This proves to be a quandary for jurors, as they are uncertain of how to react or if Lyle’s testimony is entirely genuine. Erik is called to the stand and claims that the murder of their parents was ultimately caused by him informing Lyle that their father was molesting him. He describes his own experiences with his father and a confrontation they had when Erik was 17 resulting in his father threatening his life.

The absence of physical or observable evidence of the abuse proves to be a difficult challenge for the defense, which has only testimony to offer in this regard. They decide to offer something more substantial in the form of medical records, although there are none which specifically list sexual intercourse or abuse as a specific cause of injuries to either brother. Their cousins offer supporting testimony describing conversations and encounters they had which hinted at the abuse they claim they suffered. They also introduce photographs of young nude boys taken on Erik’s camera from his sixth birthday party. As the trial progresses it garners national attention and all manner of people weigh in with their thoughts and opinions about the case. The defense attempts to use a novel strategy by claiming that in lieu of physical evidence, the brothers’ fear of imminent death was sufficient enough to warrant the murders of their parents. Both Lyle and Erik describe the last few days before the killings, including an argument between Lyle and Kitty which led Erik to confess to Lyle that their father was continuing to abuse him. Lyle then recounts confronting his father and threatening to tell the police, and his feeling that his father intended to kill him and Erik. It is at this point that they both recount plotting to kill their parents and trying to figure out how to go about doing so, including purchasing firearms from a gun store in San Diego. They also describe how their parents told them the family was going on a fishing trip the next day, and how they felt that their parents would use it as an opportunity to kill them.

Further testimony from the brothers recalls how they returned from the fishing trip without incident, but that a heated argument broke out amongst the entire family the day after they returned. Lyle states that his father took Erik aside into the den, and he believes that he intended to kill him there; according to them it is at this point that the brothers produce their guns and shoot their parents. They then recount driving up to an isolated canyon to dispose of their guns; the guns have not been found by the authorities. Bozanich and the prosecutors are skeptical of many of the brothers’ claims, particularly the ones concerning their abuse. Lyle is questioned about the 911 call he placed wherein he lied that someone else had killed his parents. The prosecution seeks to disrupt the credibility of both brothers in order to cast their testimony into doubt. Bozanich also tries to portray Lyle as being an “emotionless killer” without any love or regard for his parents. Jurors note that Lyle’s demeanor while being cross-examined by Bozanich is drastically different from what it was when he was questioned by the defense attorneys. They also question some of the details of their recollection of the days leading up to the murder, including the purchasing of the guns they used. Abramson questions Erik about the gun stores he visited and the details thereof, presenting more complex questions for the juries.

The prosecution then offers an argument pertaining to Erik’s supposed homosexuality, which they contend was the true source of the animosity between him and his father. The defense objects to this line of questioning, stating that Erik’s sexual orientation is immaterial to the outcome of the trial. The struggle over this topic becomes long and labored, further dividing the juries’ opinions and creating a new wrinkle in the increasingly convoluted facets to consider for deliberation. Bozanich questions the brothers as to why they never left home to escape their abuse, and puts it to the court that the brothers fabricated the imminent threat to their lives in order to justify the killings. The prosecution does not pursue the sexual abuse charges directly, and Bozanich states that it is an unwelcome distraction from the question of deciding upon the murder charges. The defense responds by trying to substantiate the claims of abuse against Mr. and Mrs. Menendez, using expert witnesses to reinforce their testimonies and explain how abuse can alter the way that a person’s brain functions. The prosecution calls no expert witnesses of their own.

Dr. Oziel’s tape recording is finally admitted into the trial as evidence, and a recording of a session between him and the brothers from December 11th, 1989 is played. The statements on the tape prove to be useful for both the prosecution and the defense. The defense calls Smyth to the stand and she recounts hearing from Dr. Oziel about Lyle’s confession. She also states that Dr. Oziel drugged her and held her hostage in his home in order to have sex with her; she testifies that he threatened to tell the brothers about her as a means of keeping her in his house. She contradicts Dr. Oziel’s earlier testimony by stating that Dr. Oziel secretly recorded the confession in order to extort money from the brothers, and that he was somehow cajoling them into exaggerating their story for added effect. The defense rests its case and the prosecution calls to the stand a pool repairman who was at the Menendez house the day before the killings, claiming that he saw the brothers there, contradicting their earlier testimony. Abramson cross-examines the man and gets him to elaborate on the nature of what he saw, attacking his credibility. The prosecution also calls several of the Menendez household servants to the stand in order to cast further doubt about the argument between the brothers and their parents the day before the killings. Jamie Pisarcik, Lyle’s ex-girlfriend, is also called to the stand to testify about the particulars of the argument and earlier incidents which contradict elements of the brothers’ testimonies. In turn, the defense dissects elements of Pisarcik’s testimony. Finally, the prosecution calls up several more witnesses describing the brothers as being “smug” and disrespectful.

The case comes to a close, and judge Stanley Weisberg rules that no reasonable person would have been in fear of their parents in the situation described in the court. Thus, he rules out “perfect self-defense” and the juries are left to decide only the degree of the brothers’ guilt. The prosecution and defense each make final pleas to the juries. The juries then deliberate over the matter for the next three weeks. Discussions amongst the jury members become increasingly polarized as they debate on the significance or lack thereof of the case’s basic facts. In Erik’s case, the jury comes back to announce that they are deadlocked, and they declare a mistrial. Two weeks later, Lyle’s jury returns with the same result. The state of California decides to try the case again. Commercials deleted.

Details

• NETWORK: Court TV
• DATE:
• RUNNING TIME: 1:35:57
• COLOR/B&W: Color
• CATALOG ID: B:65888
• GENRE: Public affairs/Documentaries
• SUBJECT HEADING: TV - Public affairs/documentaries
• SERIES RUN: CourtTV - TV series, 1991-1998
• COMMERCIALS: N/A

CREDITS

• Steven Johnson … Executive Producer
• Jamie Alter … Senior Producer
• Mark A. Harris … Producer
• Dorothy Ledden … Associate Producer
• Suzanne Worden … Associate Producer
• Terry Moran … Host
• Leslie Abramson
• Brian Andersen Jr.
• Teresita Baralt
• Perry Berman
• Pamela Bozanich
• Anne Burgess
• Michael Burt
• Andrew Cano
• Marta Cano
• Craig Cignarelli
• Marlene Eisenberg
• Kerry English
• Gil Garcetti
• Irwin Golden
• Edward Hayman
• Lester Kuriyama
• Jill Lansing
• Erik Menendez
• Jose Menendez
• Kitty Menendez
• Lyle Menendez
• Paul Mones
• Jerome Oziel
• Jamie Pisarcik
• Judalon Smyth
• Diane Vandermolen
• Charles Wadlington
• Grant Walker
• Stanley Weisberg
• Richard Wenskoski
• Kirk West
• Howard Witkin