Law & Order: True Crime (2017) s01e03 Episode Script
Episode 3
1 [dramatic music.]
Two counts of murder with special circumstances have been filed against Erik and Lyle Menendez.
He told me everything.
How you shot your parents.
I had to tell somebody.
I wanted to kill myself.
You trust a doctor more than your own brother.
I think you and I should go back in and talk.
I don't have anything to say to you.
Good luck, Dr.
Oziel.
If you kick me out, I'll go to the cops, and I'll tell them that Lyle and Erik confessed to you.
You do that, and I'll be the least of your problems.
A warrant was executed to seize tapes from a Beverly Hills psychologist.
Are you gonna take our case? If I feel I can believe in it, I will do it.
Mr.
Reiner, who wants to be our attorney general, is at war with the most basic social contract we have: Doctor-patient privilege.
Someone has to stop him.
And we will.
[mournful music.]
[cameras snapping rapidly.]
You don't owe those parasites a photo.
Just breathe.
Keep your eyes on me.
Megan Lang, NBC News.
So very sorry for your loss.
Defendants Erik and Lyle Menendez, you've been charged with the murder of Mary Louise Menendez and for Joe Say Menendez.
How do you plead? - Not guilty.
- Not guilty.
Defendants are remanded to custody.
Your Honor, the district attorney has been leaking information to the media.
I know Mr.
Reiner is running for attorney general, but that doesn't give him the right to poison the jury pool.
Mr.
Alhadeff, you tell your boss to stop the leaks.
We're adjourned.
[bangs gavel.]
Remember: No talking to anyone.
Okay? [press all talking at once.]
It's going to take more than a warning from a judge to shut Mr.
Reiner up.
A court order is what is needed to keep him from turning this whole case into some kind of a reality TV show, and he can stand in front of all the flags he wants to at his press conferences.
Does not hide the fact that he is trying to trample on our clients' rights.
Leslie, do you think that the DA is biased against your clients? I don't know about the DA.
But I do know that the media doesn't like rich people.
And with all the Wall Street scandals and the white-collar crimes over the last 10 years, who can blame them? But what you are doing is you are scapegoating my clients because their parents were rich.
You called them spoiled, you called them entitled.
If you met Erik and Lyle, you would see that they are not spoiled, and they know the only thing they are entitled to is a fair hearing.
And we're going to make absolutely sure that they get that.
Thank you.
Excuse me.
[suspenseful music.]
[reporters calling, cameras snapping.]
Mrs.
Menendez, can you tell us about your grandsons? Mama.
Mama.
[distantly.]
You are charged with the murder of Mary Louise Menendez and Joe Say Menendez.
They're smiling.
Look at them.
Why the hell are they smiling? As Mr.
Chaleff explained, Ms.
Lansing knows the case inside and out, and she's a lot tougher than her very good looks might suggest.
Lyle, are you okay with the change? Chaleff thinks we're going to lose.
That's why he quit.
No, he withdrew to give us a better chance of winning.
He said that they were going to split us up.
Separate trials? That's what the prosecution wants.
They're going to try to turn you against each other, but we're not going to let that happen, are we? Absolutely not.
We stick together.
As long as we're together, we'll be okay.
Right.
It's Lyle and me.
The only prosecution witness is Oziel's mistress, Judalon Smyth.
She's a flake.
She used to date Al Goldstein, the porno king.
It makes you wonder about Oziel.
How did he end up as your therapist? Uh, Mom's shrink recommended him.
First thing we're gonna do is get his audio notes and tapes of you thrown out.
Did you give Oziel permission to share the details of your sessions with anyone? Well, when I started seeing him, my parents made him tell them what I said.
That won't affect the privilege now.
The DA mentioned a threat of violence.
Did you ever threaten Oziel? - No.
- No way.
Then it's still privileged.
We're gonna keep those out.
[dramatic music.]
The network gave us May 17th.
That's smack in the middle of the sweeps.
What are the other networks doing? CBS will do it on "60 Minutes," NBC has a special.
But we've got Diane.
Sexy Sawyer.
Can't beat that.
I'll get an exclusive with Grandma; By the end of the week, we'll get Oziel, all the key players lining up for team ABC.
Judalon, there was $14 million involved in this.
But you did what you did, and that's what you did.
I suggest you have no comment to the press unless you want things disclosed that you don't Really, Jerry? Well, I just called to say that the boys are in jail and I'm not dead.
And you said if I went to the police, that I'd be dead in two minutes.
Well, guess what.
It's gonna take a little longer.
Now he'll cooperate.
Let's talk about the guns.
You said you heard Erik talk about guns.
No, Jerry told me.
Erik said they bought the guns in a store near San Diego.
It had security cameras.
Erik was worried that they were filmed.
After the murders, they tossed the guns off Mulholland, about a mile west of Coldwater.
Hey, you four.
Head over to that ravine.
You two, and you guys, Hey watch out.
That's poison oak over there.
Hey! So, only lost three Explorer Scouts so far.
What do you got? Gun stores within two miles of the freeway between Newport and San Diego.
That's a lot of gun stores.
There's more bad news.
DMV got a request to cancel the California plates for Erik's Ford Escort.
It's been sent out of state.
No idea where.
The biggest problem people have with them is that they're wealthy.
"Rich, greedy brats," according to my husband.
As if it's their fault they were born rich.
There's this shopping spree.
Watches, a Porsche, condos, a restaurant How did they spend money before? Well, Lyle's had a credit card since he was 15.
Lives in a condo his father bought him in Princeton.
What kind of car did he drive? Cars.
A three-year-old Alfa and a Beamer.
Erik had an '87 Escort.
Hard to be a rich brat in an Escort.
So mostly, their spending after the murders was the same as it was before.
It's perception.
People think they have advantages because they're privileged, and now that privilege is being used against them.
So next problem: The notes that Oziel dictated after sessions with Erik and Lyle on Halloween, and there's a tape of a December session.
We need to know what's on them.
I've got a friend from the academy at the Beverly Hills PD.
I'll ask her.
Cindy has more connections than AT&T.
That's why I hired her.
That, and I'm the only investigator who can put up with you.
Um, this is what I've got on Oziel.
His license was suspended in '86 for improper billing practices.
There are two complaints pending with the Board of Psychology, one alleging that he raped a patient and tried to strangle her with a phone cord.
Jesus, why isn't he in jail? Good question.
Now, you may have heard that there's a confession on those tapes.
There probably is.
Between these four walls and these four women, Erik told me they did it.
Lyle hasn't admitted anything to me.
They still deserve the best defense we can give them.
Are you sure about this one, Les? These boys shot their mother in the face.
Right.
We're all mothers here.
Cindy and Marcia know about my mother.
She put me last from the second I was born.
She opposed me every change she got.
Still, I love her.
I I can't imagine the kind of pain that must exist between a mother and child to provoke that kind of violence.
Well, the father was authoritarian, verbally abusive.
Maybe the mother was too.
There's still huge pieces missing here, but we'll find them.
We hear you filed a motion to get your tapes back.
Well, we want them kept out of court too.
We can help each other.
I'm not aligned with either side.
Understood.
Then you won't mind answering some questions.
Was Judalon Smyth in your waiting room during your sessions with Erik and Lyle? No.
Anyway, there's two padded doors between here and the waiting room.
Then how did she know what was said in the sessions? Did you tell her? No, of course not.
I honor the doctor-patient privilege.
In many ways, I feel like being a therapist is like a holy man, and there's a sacredness to the connections we forge.
No, no, Judalon knows what she knows because she read my notes when she stayed with my family, and for the record, she was not a frightened person doing her civic duty when she went to the police.
She was not in fear of the boys.
She just wanted to destroy me.
But you told the police you felt threatened by Erik and Lyle? Well, yes.
Lyle did threaten me.
How did he do that? He took my hand, looked me in the eye, and said, "Good luck, Dr.
Oziel.
" You took that as a threat? It was said in a threatening manner.
Here.
Show us.
Good luck Dr.
Oziel.
Like that.
With that way of fixing me in the eye.
Between men, that's a veiled threat.
Yes, I know what a veiled threat is.
So I'm confused.
You filed a motion to get your tapes back, and then you gave the DA an excuse to use them as evidence with this business about threats.
Listen.
I am in a tremendous amount of pain at the idea of testifying against former patients.
But if the court orders me, I'm obligated to.
Yes, that's a nice speech.
I think you're trying to cover something up.
Like the fact that you milked them for sessions - that never took place.
- I resent that.
I spoke with the boys' lawyer, Mr.
Chaleff, and at his request He's not their lawyer anymore we are.
[dramatic music.]
Good luck, Dr.
Oziel.
[buzzer goes off.]
How are they treating you? There's seven inmates just in my unit named Menendez.
Three are named Jose.
What happened to your hair? [sighs.]
They confiscated the glue from my hairpiece.
Ms.
Lansing is working on getting it back.
[low music.]
This is great.
[laughs.]
I can't sleep.
The lights are always on and I can't breathe.
You'll be out of here soon, baby.
My parents say there's no way the police can use those tapes.
I just keep having nightmares about Mom, and Dad yelling at me.
Don't think about him.
Think about me.
Think about me waiting for you, baby.
[breathes deeply.]
Look, I need your help, Jamie.
I want you to tell the police that my dad made a pass at you.
He grabbed you.
But he never did that.
Please.
If they ask, just say it.
You said he liked me.
Why would I lie? Jamie, why do you think you got the sponsorship to play in Europe? My dad thought you weren't appropriate for me.
So he put up the sponsorship money to get rid of you.
So do it, please.
For us.
[dramatic music.]
Sorry, no.
If you showed me the guns, I'd remember who bought them.
Believe me, miss, I wish we had guns to show you.
Les.
Check the name on this one.
Donovan Goodreau.
Lyle's old roommate.
He bought two 12 gauge Mossbergs, August 18th.
Says they checked his driver's license.
Hey, uh, would you have a security tape from August 18th last year? Our camera doesn't work.
We just keep it there to scare the bad guys away.
[ominous music.]
The New York cop who helped us with the Billionaire Boys Club.
Boggs.
I hope this number's still good.
Detective Zoeller.
Yeah, his alibi checks out.
He was working here August 18th.
All right.
Thank you, Detective Boggs.
Any time you're in the neighborhood, give me a ring.
NYPD, at your service.
Hello? Looks like you're off the hook.
For what? Oh, your driver's license was used to buy two shotguns in San Diego, two days before the murder.
You lend your license to anybody? I lost it.
I left it behind when Lyle threw me out of his dorm in Princeton.
I think I said, "Good luck, Dr.
Oziel.
" Just, like, "Have a nice life.
" I wasn't ever planning to see him again.
Did you mean to threaten him? No.
I was mad at Erik.
Oziel could go to the police.
- Did you want to kill him? - No, I was just annoyed.
I think he had some idea to blackmail us, but I told Jerry Chaleff about Oziel.
Why would I do that if I wanted to kill Oziel? Okay.
I don't want you to get in trouble here, Lyle, and sometimes, when you're annoyed, it can come off as anger.
[ominous music.]
That's my father.
He said in business, it's good to make people afraid of you.
In prison, that's a dangerous game.
I, um Appreciate the advice.
And, Miss Lansing, thanks for getting my glue back.
[laughs.]
You can call me Jill.
And my friends call me "Jilly.
" Why would I threaten Dr.
Oziel? I wasn't mad at him.
No? I'm mad at him.
He exploited you.
[dramatic music.]
You ever get angry, Erik? At Lyle? Maybe at your parents? [sniffs.]
You know you can talk to me, right? My mom is an emotional abuser.
I've never stopped loving her, not for one second.
But I get so angry at her, so angry.
On that last day with your parents, were you angry? Now that you say it like that, I guess.
Were you afraid? [breathes deeply.]
All the time.
As bad as it is in here, it's it's amazing, not to have to be afraid anymore.
Afraid of what, honey? [sighs.]
That tape Oziel did with Erik and Lyle in December, I need to know what's on it.
I haven't heard it.
Lyle told me that Oziel did most of the talking.
Uh, suggested motives for the murders.
The boys went along with whatever he said.
Which was what? Oziel suggested the boys were trying to escape Jose's dominations, control.
They had escaped! Lyle was at Princeton, Erik was going to UCLA.
So what motive did Oziel suggest for killing the mother? Mercy killing.
Kitty was suicidal, couldn't survive without Jose.
Dah, what baloney.
- Les, they did it.
- I'm not saying they didn't.
I'm trying to get my head around a motive, and nobody's giving it to me.
I can't provide a defense if I don't understand what happened and why.
I need somebody to open those boys up.
[sighs.]
This is Bill Vicary.
He's a psychiatrist.
I've worked with him before.
He would not be here if he wasn't the best.
And we think he can help us move things forward.
I'm pleased to meet you both.
I look forward to getting to know you.
Do you have any questions for Dr.
Vicary? No, I can't think of anything.
Look.
We have a tough situation here, and Bill is here to help us.
And we all know you guys did it.
Isn't that right? Then talk to Bill.
[ominous music.]
My father's standards were impossibly high.
That was hard for us.
Can you give me an example? My girlfriends.
Even after I went away to Princeton, he tried to control who I dated.
Nobody was ever good enough.
How'd you feel about that? Again, just domination, control.
Lyle, those are your father's actions.
I'm interested in how you felt.
Erik, did you understand my question? [sighs.]
My stomach's upset.
Do you want me to repeat my question? Dad was an atheist.
My parents only cared about the practical world.
Do you think they spike the food here with drugs? I don't think so.
Does it worry you? No.
Just curious.
When you asked me to evaluate them, I completely accepted the prosecution theory.
Rich kids, pissed off at their oppressive parents, killed them to get the money and go on with their lives.
Except that kids rarely kill their parents.
Yes.
And these two are much sicker than I expected.
Lyle's suspicious.
Paranoid.
Being in a room with him is anxiety-provoking.
But he's bright.
Articulate.
And Erik? A mess.
He's all over the place.
I'll never get the story out of him.
I might not get it from Lyle either, but it'll be more pleasant.
Well, it's not either/or, Bill.
I need you to work with Erik, too.
He's very fragile.
If I push too much, he might have a psychotic break.
Which is nothing compared to choking him with cyanide gas, which is what the DA wants to do.
We can't stop them without the truth.
Erik is not as weak as you think.
If you need to push him, just hold your nose and do it.
Anything to keep those boys out of the gas chamber.
Jerry used mind control on me.
To get me to do things.
By telling you you're in danger.
No, with hypnosis.
Jerry controlled me with special words, like "thorns.
" He'd say "thorns" over and over again to get me to agree to things.
"Thorns, thorns, thorns, thorns.
" [sighs.]
Oh, look! Diane Sawyer! She called me.
She wants to have lunch with me.
Absolutely not.
If you give her an interview, you're out as a witness.
You won't be famous anymore, Judalon.
That's so unfair.
She wants to put me on TV.
You gotta see this.
Coming in May: an NBC News Special.
The murders that shocked the nation ABC is also doing a special in May.
Of course.
It's the effin' May sweeps.
We're in for the full-tilt boogie now, kids.
[phone rings.]
They're still out there.
[phone rings.]
Boxer's.
It's for you.
It's Diane Sawyer.
[ominous music.]
Your producer lied to me.
Okay? He promised that you wouldn't film or quote me, and now there's cameras outside my work.
You know those intrepid reporters.
I have no intention to deceive you, Donovan.
But you have a unique insight into this story that people need to hear.
Can Will come in to talk to you? Yeah.
Yeah, okay.
I guess I can talk to them.
Nobody says no to Diane.
So how about it? Your 15 minutes of fame.
Most people never even get that, you know? I owe them the benefit of the doubt.
I mean, why would they kill their parents? They had great cars, great clothes.
You couldn't ask for more.
Okay.
Let's turn the camera off for a minute.
Glenn, a source told us there's a taped confession Lyle and Erik made to their therapist.
Okay Jesus It's just for a little while.
ABC wants to film your cells.
What? Can they do that? Lyle, I have, like, religious stuff in there.
It's private.
I know.
Deputy, can we please at least cover our personal items? Make it quick.
Hang in there, little brother.
I know Reiner gave ABC permission.
What? Because they're human beings, Elliott.
Those cells are their homes.
What is with you people? You'll like this.
Attorneys for the media are petitioning the court to have the autopsy reports released.
Those reports show everything.
It's not decent.
My mom, she was a private person.
I know it's hard, Lyle, but there's nothing you can do.
So let Leslie and me do the worrying and we'll fight it in the hearing.
My daughter hates when I do that.
Tell her she has no power to change what's bothering her.
Well, how old is she? She's three.
So she really has no power.
Well, she thinks she does.
She wants a baby brother, and I've told her that is not happening.
Oh, no, you should give her one.
Little brothers are great.
Like Erik? Were you excited when your mom brought him home? Yeah, I was so happy.
I wasn't alone anymore.
These things always run late.
Maybe you noticed we lawyers like to hear ourselves talk.
[laughs.]
Jerry Chaleff told me you wanted to be an actor.
Mm, no.
I mean, I did, but no, my parents made me stop.
That didn't make you angry? I wasn't angry.
I was sad.
I liked it.
Being somebody else.
Disappearing.
When did you get interested in acting? Uh, when we lived in Calabasas.
I bet you wanted to disappear then.
Having to take the blame for Lyle for all those burglaries.
No, that was just common sense.
How so? [sighs.]
Lyle's like a genius IQ.
I mean, people are drawn to him like a magnet.
He was the one who had a shot at something really big.
Senator, Dad said.
Maybe even president.
Not like me.
I'm I don't know.
I'm not that important.
[melancholy music.]
[reporters clamoring.]
Judge Albracht authorized the release of the autopsy reports.
This is a victory for my clients in the media, but more importantly, it's a victory for the public's right to know.
The district attorney fully supported Mr.
Jacobi's motion.
In a free society, the media has a right to see the entire Menendez file.
Leslie, what about the public's right to know? This is not about the public.
This is about ratings for Mr.
Jacobi's clients.
The DA supported releasing the files.
Of course! Mr.
Reiner wants to dump as much poison as possible into the jury pool.
Mr.
Reiner knows my clients cannot defend themselves on television.
He doesn't care about a fair trial.
Okay? Thanks.
They take away my son's dignity! Give us some room, please.
That's okay, Maria, we're going to appeal.
Leslie! Leslie! You're going to appeal? Ms.
Menendez, how do you feel about your grandsons? Is this what you want? Is it? [fast-paced electronic music.]
This is ABC Primetime, with Diane Sawyer.
The city of Beverly Hills has been rocked by a drama at once riveting and chilling.
Nearly a year ago But there's another person that sources say might link the brothers to the murder weapons.
This is Donovan Goodreau.
Aw, dude, you're famous! [laughter.]
Shotguns were purchased in San Diego using his California driver's license.
Goodreau told police his license was missing, possibly left in the dorm he used to share with Lyle Menendez.
Other crucial evidence: Notes from therapy sessions were found at the home of Erik's Beverly Hills therapist, Dr.
Jerome Oziel.
A therapist is like a priest or minister, in that people come in and confess.
But also, they look for someone to help them work through their problems.
Like any therapist, I carry with me at all times hundreds, if not thousands, of people's secrets.
And it's a sacred obligation to preserve those secrets, unless the law mandates otherwise.
For now, the boys who once lived in a mansion in Beverly Hills live in these cells in Los Angeles County Jail.
Hard as it is to believe children would kill their parents for money, District Attorney Ira Reiner believes money is only part of the puzzle.
People kill for money, Diane, but mostly, they kill for hatred.
But how could these parents create that kind of hatred in these boys? I have no idea.
Who can understand that? I don't.
You and me both, Ira.
You and me both.
Cemetery in Princeton.
Everything changes now.
They did it.
There's still things that we don't know.
They used their buddy's license to buy shotguns.
We don't want any more money from the estate going to their defense.
That's not your decision.
They murdered my sister.
- First of all - And if they get the death penalty? Your sister and my brother are part of those boys.
You want them killed again? [somber music.]
Jerry asked me to listen in from the waiting room in case things got out of hand with Erik and Lyle.
I heard Lyle threaten Jerry.
He said they would kill him to keep him from going to the police.
Later, Jerry told me everything.
You hear conversations in a soundproof office through two sets of padded doors? You hear dog whistles too, Miss Smyth? I thought this was about Jerry's tapes.
It is.
Go ahead, Ms.
Abramson.
So you said that Dr.
Oziel told you everything about his session with Erik and Lyle.
Was he in the habit of sharing his patients' confidences? Yeah, sure.
I was his lover.
He told me what his sex therapy patients were into, especially the ladies.
He wanted a threesome.
Judge, please tell her to stop flashing her impressive bosom at you.
Okay I want to say that I have limited control over my words and actions right now.
Jerry Oziel is using mind control on me.
He's out in the hallway, using special words.
[desolate music.]
No more questions.
And when Erik Menendez came into your office, where was Judalon Smyth? Before I answer, Your Honor, this hearing is closed to the press, isn't it? Yes, it is, Doctor.
I had arranged to have Judalon sit in the waiting room.
[whispering.]
Lying such I was worried about what Erik and his brother might do.
And afterwards, did you share details of the session with Miss Smyth? Yes, for her safety.
She was at risk; We both were.
As I told you, Lyle had threatened me.
If you were so afraid after Lyle wished you "Good luck," why didn't you go home to protect your wife and kids instead of going to boink your mistress? I was worried that Lyle and Erik might follow me home to my family.
But you had no problem leading them to your mistress.
How gallant of you.
Now, Dr.
Oziel, didn't you tell Ms.
Lansing and me a few weeks ago that Ms.
Smyth was not in your waiting room? You must have misunderstood me.
Well, let me be sure I understand you now.
So you just testified that you violated the doctor-patient privilege by telling Judalon about your sessions with Erik.
Only because of the threats.
She testified that you routinely violated that privilege, telling her about - your sex therapy patients - No, that's a lie.
The privilege is a sacred bond between me and my patients.
Well, wasn't your license suspended in 1986 for abusing that sacred bond? A temporary suspension.
I have an affidavit from a former patient you had an affair with and tried to strangle with a phone cord.
Now, was that a sacred phone cord? Lies.
All lies.
These alleged threats Those are the lies that you made up to scare Judalon, to manipulate her.
You don't help people, Doctor.
You make them sicker.
[dramatic music.]
The judge will render a decision in a couple weeks.
Fingers crossed.
My colleagues at the paper aren't too happy about the hearings being closed.
Well, tough.
That's what I told them you'd say.
You know, maybe later this year, for sure before the adoption, I'd like to take you to visit the old sod.
We could pick up a car in Dublin, head out to Tullamore.
Les We don't have to go, but you need to find some way to disconnect from all this.
Even for a week.
Oh, I know, I know.
I want to go.
Oh, look.
In a stunning rebuke to District Attorney Reiner, Judge Weisberg declared a mistrial after the jury deadlocked in the retrial of Raymond Buckey in the McMartin Preschool molestation case.
Wow.
How many years did that take? Seven years and $15 million.
Oh, this is not good.
This is gonna rebound on us.
Buckey was cleared Most of the jury thought the kids had been coached to say they'd been molested.
Weisberg lost control, that's what.
Okay, Pam, you're back on Menendez, first chair.
But what about Ray Buckey? Forget him.
The focus is Menendez.
Their whole defense team is women.
The jury will see them fawning over these boys, they'll think "How bad can they be?" We're not ceding that ground.
Pam will be in charge.
Can't believe he demoted me.
Time to show you're a team player, Elliott.
From October 31st to December of 1989, there were a series of sessions between Dr.
Oziel and the defendants concerning their mental health after the murder of their parents.
There were audio notes by Dr.
Oziel for the October 31st and November 2nd sessions, and a recording of a session on December 11th.
I have ruled that none of these communications are privileged.
Dr.
Oziel had reasonable cause to believe that the brothers constituted a threat and that it was necessary to disclose those communications to prevent the threat and danger.
[bangs gavel.]
[shutters snapping.]
We're gonna fight this, Erik.
Do not lose hope.
[dramatic music.]
The ruling means the DA can use the tapes against Erik and Lyle.
Will you appeal? - What do you think? - On what grounds? That it's wrong.
[crying.]
[ominous music.]
Where are you going, Uncle Jose? I'm bored.
I want to do something.
Stay in Erik's room, Andy.
We're just going to play a game.
I want to play.
I want to play too.
I want to play! I want to play too! Let me in! [knocking.]
It's your fault.
Dad You're stupid.
No, Dad, don't say that.
[breathes deeply and rapidly.]
Where are you? You're not worthy of being a Menendez.
[cries.]
Stop.
[cries.]
I'm not getting anywhere with Lyle.
But Erik He talks about this nightmare.
Come right up to the edge of a breakthrough and then he pulls back.
Same thing over and over again.
There's got to be more to that family.
Yes, I agree, but some people go to their graves with their secrets.
You have to be ready for that.
Is a plea bargain not an option? Yep, and I am open to anything that keeps those boys off death row.
I think I'm going crazy.
I hear my father's voice at night, in my cell.
Is the voice in your head? No.
It's like he's next to me, like a ghost.
I get up, and I look for him.
Have you had any more nightmares with the green face since we last talked? [cries.]
Yes.
Something doesn't make sense.
When I climb the roof, to get to my mother, it's so she'll help me.
But she never helped me with Dad.
She always sided with him.
Did she know you had nightmares? Yes.
She would put me in a cold shower.
I would want to tell her things, but I couldn't.
What did you want to tell her? I wanted [sobs.]
I wanted her to [breathes raggedly.]
I wanted her to make the nightmares stop.
How could she do that? I can't talk anymore.
I need to be quiet.
I need to read my Bible.
Okay.
Erik, what if I could make the nightmares stop? Your mother couldn't, but I think I can.
Will you let me? I called you as soon as I was sure.
This was two days ago.
Erik finally told me the green face.
When I was five or six, Dad would massage my penis.
You know? With his mouth.
He said he loved me.
When I got older, he had me do oral sex on him.
And I did it, because Two years ago, he threatened me with a knife, because I said I didn't want to have sex anymore.
[shuts off tape.]
Yesterday, he told me, when he turned 11, his father started raping him.
He's a kid who claims he hears voices.
When someone tells me they hear a voice, I ask if the voice is in their head.
The fakers always say it is.
The people telling the truth say the voice comes from outside them.
Erik said it was as if his father was in the room with him.
I believe him.
Has Lyle said anything about abuse? No, I've hit a wall with Lyle.
I've asked a colleague, John Conte, to talk to him.
He specializes in child abuse.
Okay.
Thanks, Doc.
Oh, I trust Vicary's judgment.
If Erik was abused for most of his life, where was his mother? Where was the rest of his family? Hard to picture a 17-year-old I mean, Erik's an athlete.
He's no pushover.
And even if it's true, what does it have to do with the murders? I know you see a defense here, Leslie, but I'm not so sure.
First, we need corroboration.
We also need to know more about this family.
The evidence better be convincing, because the image this family has the picture-perfect smiles sex abuse is going to be a tall leap for a jury.
It's a tall leap for me.
You really believe what Erik said, Leslie? As a mother and a human being, I believe it.
As a lawyer, I'll believe it when we can prove it.
So let's find the proof.
[dramatic music.]
Two counts of murder with special circumstances have been filed against Erik and Lyle Menendez.
He told me everything.
How you shot your parents.
I had to tell somebody.
I wanted to kill myself.
You trust a doctor more than your own brother.
I think you and I should go back in and talk.
I don't have anything to say to you.
Good luck, Dr.
Oziel.
If you kick me out, I'll go to the cops, and I'll tell them that Lyle and Erik confessed to you.
You do that, and I'll be the least of your problems.
A warrant was executed to seize tapes from a Beverly Hills psychologist.
Are you gonna take our case? If I feel I can believe in it, I will do it.
Mr.
Reiner, who wants to be our attorney general, is at war with the most basic social contract we have: Doctor-patient privilege.
Someone has to stop him.
And we will.
[mournful music.]
[cameras snapping rapidly.]
You don't owe those parasites a photo.
Just breathe.
Keep your eyes on me.
Megan Lang, NBC News.
So very sorry for your loss.
Defendants Erik and Lyle Menendez, you've been charged with the murder of Mary Louise Menendez and for Joe Say Menendez.
How do you plead? - Not guilty.
- Not guilty.
Defendants are remanded to custody.
Your Honor, the district attorney has been leaking information to the media.
I know Mr.
Reiner is running for attorney general, but that doesn't give him the right to poison the jury pool.
Mr.
Alhadeff, you tell your boss to stop the leaks.
We're adjourned.
[bangs gavel.]
Remember: No talking to anyone.
Okay? [press all talking at once.]
It's going to take more than a warning from a judge to shut Mr.
Reiner up.
A court order is what is needed to keep him from turning this whole case into some kind of a reality TV show, and he can stand in front of all the flags he wants to at his press conferences.
Does not hide the fact that he is trying to trample on our clients' rights.
Leslie, do you think that the DA is biased against your clients? I don't know about the DA.
But I do know that the media doesn't like rich people.
And with all the Wall Street scandals and the white-collar crimes over the last 10 years, who can blame them? But what you are doing is you are scapegoating my clients because their parents were rich.
You called them spoiled, you called them entitled.
If you met Erik and Lyle, you would see that they are not spoiled, and they know the only thing they are entitled to is a fair hearing.
And we're going to make absolutely sure that they get that.
Thank you.
Excuse me.
[suspenseful music.]
[reporters calling, cameras snapping.]
Mrs.
Menendez, can you tell us about your grandsons? Mama.
Mama.
[distantly.]
You are charged with the murder of Mary Louise Menendez and Joe Say Menendez.
They're smiling.
Look at them.
Why the hell are they smiling? As Mr.
Chaleff explained, Ms.
Lansing knows the case inside and out, and she's a lot tougher than her very good looks might suggest.
Lyle, are you okay with the change? Chaleff thinks we're going to lose.
That's why he quit.
No, he withdrew to give us a better chance of winning.
He said that they were going to split us up.
Separate trials? That's what the prosecution wants.
They're going to try to turn you against each other, but we're not going to let that happen, are we? Absolutely not.
We stick together.
As long as we're together, we'll be okay.
Right.
It's Lyle and me.
The only prosecution witness is Oziel's mistress, Judalon Smyth.
She's a flake.
She used to date Al Goldstein, the porno king.
It makes you wonder about Oziel.
How did he end up as your therapist? Uh, Mom's shrink recommended him.
First thing we're gonna do is get his audio notes and tapes of you thrown out.
Did you give Oziel permission to share the details of your sessions with anyone? Well, when I started seeing him, my parents made him tell them what I said.
That won't affect the privilege now.
The DA mentioned a threat of violence.
Did you ever threaten Oziel? - No.
- No way.
Then it's still privileged.
We're gonna keep those out.
[dramatic music.]
The network gave us May 17th.
That's smack in the middle of the sweeps.
What are the other networks doing? CBS will do it on "60 Minutes," NBC has a special.
But we've got Diane.
Sexy Sawyer.
Can't beat that.
I'll get an exclusive with Grandma; By the end of the week, we'll get Oziel, all the key players lining up for team ABC.
Judalon, there was $14 million involved in this.
But you did what you did, and that's what you did.
I suggest you have no comment to the press unless you want things disclosed that you don't Really, Jerry? Well, I just called to say that the boys are in jail and I'm not dead.
And you said if I went to the police, that I'd be dead in two minutes.
Well, guess what.
It's gonna take a little longer.
Now he'll cooperate.
Let's talk about the guns.
You said you heard Erik talk about guns.
No, Jerry told me.
Erik said they bought the guns in a store near San Diego.
It had security cameras.
Erik was worried that they were filmed.
After the murders, they tossed the guns off Mulholland, about a mile west of Coldwater.
Hey, you four.
Head over to that ravine.
You two, and you guys, Hey watch out.
That's poison oak over there.
Hey! So, only lost three Explorer Scouts so far.
What do you got? Gun stores within two miles of the freeway between Newport and San Diego.
That's a lot of gun stores.
There's more bad news.
DMV got a request to cancel the California plates for Erik's Ford Escort.
It's been sent out of state.
No idea where.
The biggest problem people have with them is that they're wealthy.
"Rich, greedy brats," according to my husband.
As if it's their fault they were born rich.
There's this shopping spree.
Watches, a Porsche, condos, a restaurant How did they spend money before? Well, Lyle's had a credit card since he was 15.
Lives in a condo his father bought him in Princeton.
What kind of car did he drive? Cars.
A three-year-old Alfa and a Beamer.
Erik had an '87 Escort.
Hard to be a rich brat in an Escort.
So mostly, their spending after the murders was the same as it was before.
It's perception.
People think they have advantages because they're privileged, and now that privilege is being used against them.
So next problem: The notes that Oziel dictated after sessions with Erik and Lyle on Halloween, and there's a tape of a December session.
We need to know what's on them.
I've got a friend from the academy at the Beverly Hills PD.
I'll ask her.
Cindy has more connections than AT&T.
That's why I hired her.
That, and I'm the only investigator who can put up with you.
Um, this is what I've got on Oziel.
His license was suspended in '86 for improper billing practices.
There are two complaints pending with the Board of Psychology, one alleging that he raped a patient and tried to strangle her with a phone cord.
Jesus, why isn't he in jail? Good question.
Now, you may have heard that there's a confession on those tapes.
There probably is.
Between these four walls and these four women, Erik told me they did it.
Lyle hasn't admitted anything to me.
They still deserve the best defense we can give them.
Are you sure about this one, Les? These boys shot their mother in the face.
Right.
We're all mothers here.
Cindy and Marcia know about my mother.
She put me last from the second I was born.
She opposed me every change she got.
Still, I love her.
I I can't imagine the kind of pain that must exist between a mother and child to provoke that kind of violence.
Well, the father was authoritarian, verbally abusive.
Maybe the mother was too.
There's still huge pieces missing here, but we'll find them.
We hear you filed a motion to get your tapes back.
Well, we want them kept out of court too.
We can help each other.
I'm not aligned with either side.
Understood.
Then you won't mind answering some questions.
Was Judalon Smyth in your waiting room during your sessions with Erik and Lyle? No.
Anyway, there's two padded doors between here and the waiting room.
Then how did she know what was said in the sessions? Did you tell her? No, of course not.
I honor the doctor-patient privilege.
In many ways, I feel like being a therapist is like a holy man, and there's a sacredness to the connections we forge.
No, no, Judalon knows what she knows because she read my notes when she stayed with my family, and for the record, she was not a frightened person doing her civic duty when she went to the police.
She was not in fear of the boys.
She just wanted to destroy me.
But you told the police you felt threatened by Erik and Lyle? Well, yes.
Lyle did threaten me.
How did he do that? He took my hand, looked me in the eye, and said, "Good luck, Dr.
Oziel.
" You took that as a threat? It was said in a threatening manner.
Here.
Show us.
Good luck Dr.
Oziel.
Like that.
With that way of fixing me in the eye.
Between men, that's a veiled threat.
Yes, I know what a veiled threat is.
So I'm confused.
You filed a motion to get your tapes back, and then you gave the DA an excuse to use them as evidence with this business about threats.
Listen.
I am in a tremendous amount of pain at the idea of testifying against former patients.
But if the court orders me, I'm obligated to.
Yes, that's a nice speech.
I think you're trying to cover something up.
Like the fact that you milked them for sessions - that never took place.
- I resent that.
I spoke with the boys' lawyer, Mr.
Chaleff, and at his request He's not their lawyer anymore we are.
[dramatic music.]
Good luck, Dr.
Oziel.
[buzzer goes off.]
How are they treating you? There's seven inmates just in my unit named Menendez.
Three are named Jose.
What happened to your hair? [sighs.]
They confiscated the glue from my hairpiece.
Ms.
Lansing is working on getting it back.
[low music.]
This is great.
[laughs.]
I can't sleep.
The lights are always on and I can't breathe.
You'll be out of here soon, baby.
My parents say there's no way the police can use those tapes.
I just keep having nightmares about Mom, and Dad yelling at me.
Don't think about him.
Think about me.
Think about me waiting for you, baby.
[breathes deeply.]
Look, I need your help, Jamie.
I want you to tell the police that my dad made a pass at you.
He grabbed you.
But he never did that.
Please.
If they ask, just say it.
You said he liked me.
Why would I lie? Jamie, why do you think you got the sponsorship to play in Europe? My dad thought you weren't appropriate for me.
So he put up the sponsorship money to get rid of you.
So do it, please.
For us.
[dramatic music.]
Sorry, no.
If you showed me the guns, I'd remember who bought them.
Believe me, miss, I wish we had guns to show you.
Les.
Check the name on this one.
Donovan Goodreau.
Lyle's old roommate.
He bought two 12 gauge Mossbergs, August 18th.
Says they checked his driver's license.
Hey, uh, would you have a security tape from August 18th last year? Our camera doesn't work.
We just keep it there to scare the bad guys away.
[ominous music.]
The New York cop who helped us with the Billionaire Boys Club.
Boggs.
I hope this number's still good.
Detective Zoeller.
Yeah, his alibi checks out.
He was working here August 18th.
All right.
Thank you, Detective Boggs.
Any time you're in the neighborhood, give me a ring.
NYPD, at your service.
Hello? Looks like you're off the hook.
For what? Oh, your driver's license was used to buy two shotguns in San Diego, two days before the murder.
You lend your license to anybody? I lost it.
I left it behind when Lyle threw me out of his dorm in Princeton.
I think I said, "Good luck, Dr.
Oziel.
" Just, like, "Have a nice life.
" I wasn't ever planning to see him again.
Did you mean to threaten him? No.
I was mad at Erik.
Oziel could go to the police.
- Did you want to kill him? - No, I was just annoyed.
I think he had some idea to blackmail us, but I told Jerry Chaleff about Oziel.
Why would I do that if I wanted to kill Oziel? Okay.
I don't want you to get in trouble here, Lyle, and sometimes, when you're annoyed, it can come off as anger.
[ominous music.]
That's my father.
He said in business, it's good to make people afraid of you.
In prison, that's a dangerous game.
I, um Appreciate the advice.
And, Miss Lansing, thanks for getting my glue back.
[laughs.]
You can call me Jill.
And my friends call me "Jilly.
" Why would I threaten Dr.
Oziel? I wasn't mad at him.
No? I'm mad at him.
He exploited you.
[dramatic music.]
You ever get angry, Erik? At Lyle? Maybe at your parents? [sniffs.]
You know you can talk to me, right? My mom is an emotional abuser.
I've never stopped loving her, not for one second.
But I get so angry at her, so angry.
On that last day with your parents, were you angry? Now that you say it like that, I guess.
Were you afraid? [breathes deeply.]
All the time.
As bad as it is in here, it's it's amazing, not to have to be afraid anymore.
Afraid of what, honey? [sighs.]
That tape Oziel did with Erik and Lyle in December, I need to know what's on it.
I haven't heard it.
Lyle told me that Oziel did most of the talking.
Uh, suggested motives for the murders.
The boys went along with whatever he said.
Which was what? Oziel suggested the boys were trying to escape Jose's dominations, control.
They had escaped! Lyle was at Princeton, Erik was going to UCLA.
So what motive did Oziel suggest for killing the mother? Mercy killing.
Kitty was suicidal, couldn't survive without Jose.
Dah, what baloney.
- Les, they did it.
- I'm not saying they didn't.
I'm trying to get my head around a motive, and nobody's giving it to me.
I can't provide a defense if I don't understand what happened and why.
I need somebody to open those boys up.
[sighs.]
This is Bill Vicary.
He's a psychiatrist.
I've worked with him before.
He would not be here if he wasn't the best.
And we think he can help us move things forward.
I'm pleased to meet you both.
I look forward to getting to know you.
Do you have any questions for Dr.
Vicary? No, I can't think of anything.
Look.
We have a tough situation here, and Bill is here to help us.
And we all know you guys did it.
Isn't that right? Then talk to Bill.
[ominous music.]
My father's standards were impossibly high.
That was hard for us.
Can you give me an example? My girlfriends.
Even after I went away to Princeton, he tried to control who I dated.
Nobody was ever good enough.
How'd you feel about that? Again, just domination, control.
Lyle, those are your father's actions.
I'm interested in how you felt.
Erik, did you understand my question? [sighs.]
My stomach's upset.
Do you want me to repeat my question? Dad was an atheist.
My parents only cared about the practical world.
Do you think they spike the food here with drugs? I don't think so.
Does it worry you? No.
Just curious.
When you asked me to evaluate them, I completely accepted the prosecution theory.
Rich kids, pissed off at their oppressive parents, killed them to get the money and go on with their lives.
Except that kids rarely kill their parents.
Yes.
And these two are much sicker than I expected.
Lyle's suspicious.
Paranoid.
Being in a room with him is anxiety-provoking.
But he's bright.
Articulate.
And Erik? A mess.
He's all over the place.
I'll never get the story out of him.
I might not get it from Lyle either, but it'll be more pleasant.
Well, it's not either/or, Bill.
I need you to work with Erik, too.
He's very fragile.
If I push too much, he might have a psychotic break.
Which is nothing compared to choking him with cyanide gas, which is what the DA wants to do.
We can't stop them without the truth.
Erik is not as weak as you think.
If you need to push him, just hold your nose and do it.
Anything to keep those boys out of the gas chamber.
Jerry used mind control on me.
To get me to do things.
By telling you you're in danger.
No, with hypnosis.
Jerry controlled me with special words, like "thorns.
" He'd say "thorns" over and over again to get me to agree to things.
"Thorns, thorns, thorns, thorns.
" [sighs.]
Oh, look! Diane Sawyer! She called me.
She wants to have lunch with me.
Absolutely not.
If you give her an interview, you're out as a witness.
You won't be famous anymore, Judalon.
That's so unfair.
She wants to put me on TV.
You gotta see this.
Coming in May: an NBC News Special.
The murders that shocked the nation ABC is also doing a special in May.
Of course.
It's the effin' May sweeps.
We're in for the full-tilt boogie now, kids.
[phone rings.]
They're still out there.
[phone rings.]
Boxer's.
It's for you.
It's Diane Sawyer.
[ominous music.]
Your producer lied to me.
Okay? He promised that you wouldn't film or quote me, and now there's cameras outside my work.
You know those intrepid reporters.
I have no intention to deceive you, Donovan.
But you have a unique insight into this story that people need to hear.
Can Will come in to talk to you? Yeah.
Yeah, okay.
I guess I can talk to them.
Nobody says no to Diane.
So how about it? Your 15 minutes of fame.
Most people never even get that, you know? I owe them the benefit of the doubt.
I mean, why would they kill their parents? They had great cars, great clothes.
You couldn't ask for more.
Okay.
Let's turn the camera off for a minute.
Glenn, a source told us there's a taped confession Lyle and Erik made to their therapist.
Okay Jesus It's just for a little while.
ABC wants to film your cells.
What? Can they do that? Lyle, I have, like, religious stuff in there.
It's private.
I know.
Deputy, can we please at least cover our personal items? Make it quick.
Hang in there, little brother.
I know Reiner gave ABC permission.
What? Because they're human beings, Elliott.
Those cells are their homes.
What is with you people? You'll like this.
Attorneys for the media are petitioning the court to have the autopsy reports released.
Those reports show everything.
It's not decent.
My mom, she was a private person.
I know it's hard, Lyle, but there's nothing you can do.
So let Leslie and me do the worrying and we'll fight it in the hearing.
My daughter hates when I do that.
Tell her she has no power to change what's bothering her.
Well, how old is she? She's three.
So she really has no power.
Well, she thinks she does.
She wants a baby brother, and I've told her that is not happening.
Oh, no, you should give her one.
Little brothers are great.
Like Erik? Were you excited when your mom brought him home? Yeah, I was so happy.
I wasn't alone anymore.
These things always run late.
Maybe you noticed we lawyers like to hear ourselves talk.
[laughs.]
Jerry Chaleff told me you wanted to be an actor.
Mm, no.
I mean, I did, but no, my parents made me stop.
That didn't make you angry? I wasn't angry.
I was sad.
I liked it.
Being somebody else.
Disappearing.
When did you get interested in acting? Uh, when we lived in Calabasas.
I bet you wanted to disappear then.
Having to take the blame for Lyle for all those burglaries.
No, that was just common sense.
How so? [sighs.]
Lyle's like a genius IQ.
I mean, people are drawn to him like a magnet.
He was the one who had a shot at something really big.
Senator, Dad said.
Maybe even president.
Not like me.
I'm I don't know.
I'm not that important.
[melancholy music.]
[reporters clamoring.]
Judge Albracht authorized the release of the autopsy reports.
This is a victory for my clients in the media, but more importantly, it's a victory for the public's right to know.
The district attorney fully supported Mr.
Jacobi's motion.
In a free society, the media has a right to see the entire Menendez file.
Leslie, what about the public's right to know? This is not about the public.
This is about ratings for Mr.
Jacobi's clients.
The DA supported releasing the files.
Of course! Mr.
Reiner wants to dump as much poison as possible into the jury pool.
Mr.
Reiner knows my clients cannot defend themselves on television.
He doesn't care about a fair trial.
Okay? Thanks.
They take away my son's dignity! Give us some room, please.
That's okay, Maria, we're going to appeal.
Leslie! Leslie! You're going to appeal? Ms.
Menendez, how do you feel about your grandsons? Is this what you want? Is it? [fast-paced electronic music.]
This is ABC Primetime, with Diane Sawyer.
The city of Beverly Hills has been rocked by a drama at once riveting and chilling.
Nearly a year ago But there's another person that sources say might link the brothers to the murder weapons.
This is Donovan Goodreau.
Aw, dude, you're famous! [laughter.]
Shotguns were purchased in San Diego using his California driver's license.
Goodreau told police his license was missing, possibly left in the dorm he used to share with Lyle Menendez.
Other crucial evidence: Notes from therapy sessions were found at the home of Erik's Beverly Hills therapist, Dr.
Jerome Oziel.
A therapist is like a priest or minister, in that people come in and confess.
But also, they look for someone to help them work through their problems.
Like any therapist, I carry with me at all times hundreds, if not thousands, of people's secrets.
And it's a sacred obligation to preserve those secrets, unless the law mandates otherwise.
For now, the boys who once lived in a mansion in Beverly Hills live in these cells in Los Angeles County Jail.
Hard as it is to believe children would kill their parents for money, District Attorney Ira Reiner believes money is only part of the puzzle.
People kill for money, Diane, but mostly, they kill for hatred.
But how could these parents create that kind of hatred in these boys? I have no idea.
Who can understand that? I don't.
You and me both, Ira.
You and me both.
Cemetery in Princeton.
Everything changes now.
They did it.
There's still things that we don't know.
They used their buddy's license to buy shotguns.
We don't want any more money from the estate going to their defense.
That's not your decision.
They murdered my sister.
- First of all - And if they get the death penalty? Your sister and my brother are part of those boys.
You want them killed again? [somber music.]
Jerry asked me to listen in from the waiting room in case things got out of hand with Erik and Lyle.
I heard Lyle threaten Jerry.
He said they would kill him to keep him from going to the police.
Later, Jerry told me everything.
You hear conversations in a soundproof office through two sets of padded doors? You hear dog whistles too, Miss Smyth? I thought this was about Jerry's tapes.
It is.
Go ahead, Ms.
Abramson.
So you said that Dr.
Oziel told you everything about his session with Erik and Lyle.
Was he in the habit of sharing his patients' confidences? Yeah, sure.
I was his lover.
He told me what his sex therapy patients were into, especially the ladies.
He wanted a threesome.
Judge, please tell her to stop flashing her impressive bosom at you.
Okay I want to say that I have limited control over my words and actions right now.
Jerry Oziel is using mind control on me.
He's out in the hallway, using special words.
[desolate music.]
No more questions.
And when Erik Menendez came into your office, where was Judalon Smyth? Before I answer, Your Honor, this hearing is closed to the press, isn't it? Yes, it is, Doctor.
I had arranged to have Judalon sit in the waiting room.
[whispering.]
Lying such I was worried about what Erik and his brother might do.
And afterwards, did you share details of the session with Miss Smyth? Yes, for her safety.
She was at risk; We both were.
As I told you, Lyle had threatened me.
If you were so afraid after Lyle wished you "Good luck," why didn't you go home to protect your wife and kids instead of going to boink your mistress? I was worried that Lyle and Erik might follow me home to my family.
But you had no problem leading them to your mistress.
How gallant of you.
Now, Dr.
Oziel, didn't you tell Ms.
Lansing and me a few weeks ago that Ms.
Smyth was not in your waiting room? You must have misunderstood me.
Well, let me be sure I understand you now.
So you just testified that you violated the doctor-patient privilege by telling Judalon about your sessions with Erik.
Only because of the threats.
She testified that you routinely violated that privilege, telling her about - your sex therapy patients - No, that's a lie.
The privilege is a sacred bond between me and my patients.
Well, wasn't your license suspended in 1986 for abusing that sacred bond? A temporary suspension.
I have an affidavit from a former patient you had an affair with and tried to strangle with a phone cord.
Now, was that a sacred phone cord? Lies.
All lies.
These alleged threats Those are the lies that you made up to scare Judalon, to manipulate her.
You don't help people, Doctor.
You make them sicker.
[dramatic music.]
The judge will render a decision in a couple weeks.
Fingers crossed.
My colleagues at the paper aren't too happy about the hearings being closed.
Well, tough.
That's what I told them you'd say.
You know, maybe later this year, for sure before the adoption, I'd like to take you to visit the old sod.
We could pick up a car in Dublin, head out to Tullamore.
Les We don't have to go, but you need to find some way to disconnect from all this.
Even for a week.
Oh, I know, I know.
I want to go.
Oh, look.
In a stunning rebuke to District Attorney Reiner, Judge Weisberg declared a mistrial after the jury deadlocked in the retrial of Raymond Buckey in the McMartin Preschool molestation case.
Wow.
How many years did that take? Seven years and $15 million.
Oh, this is not good.
This is gonna rebound on us.
Buckey was cleared Most of the jury thought the kids had been coached to say they'd been molested.
Weisberg lost control, that's what.
Okay, Pam, you're back on Menendez, first chair.
But what about Ray Buckey? Forget him.
The focus is Menendez.
Their whole defense team is women.
The jury will see them fawning over these boys, they'll think "How bad can they be?" We're not ceding that ground.
Pam will be in charge.
Can't believe he demoted me.
Time to show you're a team player, Elliott.
From October 31st to December of 1989, there were a series of sessions between Dr.
Oziel and the defendants concerning their mental health after the murder of their parents.
There were audio notes by Dr.
Oziel for the October 31st and November 2nd sessions, and a recording of a session on December 11th.
I have ruled that none of these communications are privileged.
Dr.
Oziel had reasonable cause to believe that the brothers constituted a threat and that it was necessary to disclose those communications to prevent the threat and danger.
[bangs gavel.]
[shutters snapping.]
We're gonna fight this, Erik.
Do not lose hope.
[dramatic music.]
The ruling means the DA can use the tapes against Erik and Lyle.
Will you appeal? - What do you think? - On what grounds? That it's wrong.
[crying.]
[ominous music.]
Where are you going, Uncle Jose? I'm bored.
I want to do something.
Stay in Erik's room, Andy.
We're just going to play a game.
I want to play.
I want to play too.
I want to play! I want to play too! Let me in! [knocking.]
It's your fault.
Dad You're stupid.
No, Dad, don't say that.
[breathes deeply and rapidly.]
Where are you? You're not worthy of being a Menendez.
[cries.]
Stop.
[cries.]
I'm not getting anywhere with Lyle.
But Erik He talks about this nightmare.
Come right up to the edge of a breakthrough and then he pulls back.
Same thing over and over again.
There's got to be more to that family.
Yes, I agree, but some people go to their graves with their secrets.
You have to be ready for that.
Is a plea bargain not an option? Yep, and I am open to anything that keeps those boys off death row.
I think I'm going crazy.
I hear my father's voice at night, in my cell.
Is the voice in your head? No.
It's like he's next to me, like a ghost.
I get up, and I look for him.
Have you had any more nightmares with the green face since we last talked? [cries.]
Yes.
Something doesn't make sense.
When I climb the roof, to get to my mother, it's so she'll help me.
But she never helped me with Dad.
She always sided with him.
Did she know you had nightmares? Yes.
She would put me in a cold shower.
I would want to tell her things, but I couldn't.
What did you want to tell her? I wanted [sobs.]
I wanted her to [breathes raggedly.]
I wanted her to make the nightmares stop.
How could she do that? I can't talk anymore.
I need to be quiet.
I need to read my Bible.
Okay.
Erik, what if I could make the nightmares stop? Your mother couldn't, but I think I can.
Will you let me? I called you as soon as I was sure.
This was two days ago.
Erik finally told me the green face.
When I was five or six, Dad would massage my penis.
You know? With his mouth.
He said he loved me.
When I got older, he had me do oral sex on him.
And I did it, because Two years ago, he threatened me with a knife, because I said I didn't want to have sex anymore.
[shuts off tape.]
Yesterday, he told me, when he turned 11, his father started raping him.
He's a kid who claims he hears voices.
When someone tells me they hear a voice, I ask if the voice is in their head.
The fakers always say it is.
The people telling the truth say the voice comes from outside them.
Erik said it was as if his father was in the room with him.
I believe him.
Has Lyle said anything about abuse? No, I've hit a wall with Lyle.
I've asked a colleague, John Conte, to talk to him.
He specializes in child abuse.
Okay.
Thanks, Doc.
Oh, I trust Vicary's judgment.
If Erik was abused for most of his life, where was his mother? Where was the rest of his family? Hard to picture a 17-year-old I mean, Erik's an athlete.
He's no pushover.
And even if it's true, what does it have to do with the murders? I know you see a defense here, Leslie, but I'm not so sure.
First, we need corroboration.
We also need to know more about this family.
The evidence better be convincing, because the image this family has the picture-perfect smiles sex abuse is going to be a tall leap for a jury.
It's a tall leap for me.
You really believe what Erik said, Leslie? As a mother and a human being, I believe it.
As a lawyer, I'll believe it when we can prove it.
So let's find the proof.
[dramatic music.]