Law & Order: True Crime (2017) s01e08 Episode Script
Episode 8
1 [dramatic music.]
Have you come to a decision? We went over all the evidence, but we just couldn't reach a consensus.
We're at a complete deadlock.
Then I have no choice but to declare a mistrial.
The public is losing faith in us.
I'm taking you off the case.
David will handle the retrial.
Leslie, I can't do another trial.
My daughter has changed so much in the last four years, and I feel like I've missed it all.
I have three calls tonight.
Right.
I'll connect you.
Thanks, Norma.
Your Honor, our motion to exclude testimony about the Menendez family history is before you.
Your motion is granted.
You can't do that.
My defense is built on imminent fear.
We're adjourned.
Mmm.
[mimicking eating.]
[gasp.]
[slurping.]
Good boy.
Mommy loves you so much.
Boy, the grosser it looks, the more he loves it.
Man after my own heart.
Tonight, a call that Oh wait, turn that up.
Martha Shelton of Falls Church, Virginia has been Lyle Menendez's phone pal for the last year.
Shelton recorded those calls, and what she claims is on those tapes could send Lyle Menendez to the death chamber.
Lyle told me that we had half the jury snowed, and now we just have to snow the other half.
Oh, I don't believe this.
He called his brother, Erik, a weakling, who only shot up a bookcase.
- Do you know this woman? - I know of her.
She raised money for Lyle's defense.
By the authorities.
The jury never would've come back hung.
Lyle, I hope you get what you deserve.
I never said any of that.
Maybe I said we showed half the jury, but that's all.
This woman says she has tapes.
Lyle, if there is any chance that you told her something that could hurt you or Erik, you must tell us now.
She's just mad because I didn't send money for her to come visit me.
[door clicks.]
Martha Shelton? I'm Steven Calos from the city prosecutor's office.
These gentlemen are from Los Angeles and they have a search warrant for some tape recordings of Lyle Menendez.
They found three tapes in the storage bin.
My source says they contain calls between Martha and Lyle, and with you.
Oh, that sneaky little mouse.
Well, that little mouse has a record.
She served time at the Virginia State Penitentiary for check fraud.
Mr.
Conn refuses to supply us any discovery about Ms.
Shelton.
Not even a transcript of the tapes they seized.
He's even being cute about whether he plans to call Ms.
Shelton as a witness.
Mr.
Conn, cards on the table.
Is she going to be a witness or not? Ms.
Abramson, you will address your comments to me.
Mr.
Conn, is the prosecution planning on calling Ms.
Shelton as a witness? At this point, no, Your Honor, but this is an ongoing investigation.
See? Right there.
He's being cute.
If he admits he plans on calling this fraud artist as a witness, he needs to let us hear what's on those tapes.
Your Honor, there's law, and then there's Ms.
Abramson's rhetoric.
Council for the defense labels everyone a witness.
Your Honor, perhaps you should review the tapes and tell us what's on them.
Mr.
Conn, I order you to turn over the tapes for my review.
We're adjourned.
[indistinct chatter.]
The tapes are a bust.
There's nothing relevant on them, just gossip.
Nothing about snowing half the jury.
Martha's been blowing smoke.
Maybe she's holding out on us.
You're getting back on a plane with an arrest warrant.
That'll smart her up.
The police arrested me for obstructing their case.
They wanted me to pull something out of the air that'll help them well, I'm sorry, I don't have anything.
The thing about "snow the jury" Lyle was just joking around.
You know, when Lyle's not murdering people, he's a pretty likeable guy.
So ends her 15 minutes.
Well, there's plenty more where she came from.
Lyle and Erik have dozens of pen pals and phone pals.
Any one of them could blow up in our face.
I don't want any more surprises.
I don't remember everyone I talk to.
Mostly it was one call to thank them for thinking of me and Erik.
And the ones you talk to regularly? Norma Novelli has their numbers.
She's my switchboard.
I call her and she places the long distance calls.
There's only one person I'm serious with.
Anna.
Who is Anna? Anna Eriksson.
We're engaged.
It's a secret.
We're gonna get married no matter what happens.
Well, congratulations.
I warned Lyle about Martha.
She's just common trash, looking for a little glitter in her tawdry life.
You ever listen in on his calls? No.
Wouldn't be a trustworthy person if I did.
But sometimes the girls call me to put them in touch with Lyle.
I screen out the troublesome ones.
Keeper of the gate.
Thank you.
I've two things in my life my newsletter for the inmates and Lyle.
We talk every day.
I'm the only person that's not family who visits him.
You find out who your friends are when you're in jail.
You can say that again.
Well, I see some overseas calls here.
Yeah, Sweden.
That's a girl he talks to a lot Anna.
She sometimes visits family in Stockholm.
Right.
Anna Eriksson, his fiancee.
His fiancee? Yeah.
Oh, right.
Yeah.
She's a model.
Very pretty.
[dishes clanking.]
Just, uh see about getting you some, uh, cookies.
Anyone ever tell you you have a big mouth? Ms.
Novelli befriended Lyle Menendez four years ago.
For the last two and a half years, she's recorded her calls with him.
These tapes contain explosive new information about the guilt of Lyle and Erik Menendez, statements we feel the jury in the upcoming trial should listen to.
Let me give you a small example of what's on these tapes.
This is from a tape recorded during the first trial.
Lyle says to Ms.
Novelli "Norma, buy me a yellow sweater.
Ever see a violent man wearing a yellow sweater?" What other gems might be on those tapes? I don't know.
It's three years.
I didn't know she was taping me.
She has always been in my corner.
Did you ever give her a reason to think that you might have a romantic interest in her? No, why? I let it slip that you were engaged to Anna.
- Oh, God.
- I'm sorry.
Is this bad? What do you mean, nothing? How can there be nothing on two and half years of tapes? It's just Lyle mouthing off.
There's no evidence relating to the murders or the motive.
Tapes are useless.
[sighs.]
Maybe not.
Abramson doesn't know what's on those tapes.
- Maybe we can bluff her.
- Into doing what? Into keeping Lyle off the stand.
Think about it.
Didn't Novelli say she wanted to publish those tapes as a book? If she could find a publisher, why? Thanks to Court TV, they're celebrities.
Well, it makes them targets for all these lonely women.
Poor little boys preyed upon by rapacious women.
Their abuse derailed their development.
They don't have a baseline for making good judgments about people.
They did pick you to be their lawyer, so their judgment can't be that bad.
Well, let's not count our chickens.
Good evening.
More Menendez mania today as Dove Books announced it will publish the explosive transcripts of Norma Novelli's phone conversations with Lyle Menendez.
The book promises sensational revelations about the Menendez murders.
In other news Everybody's cashing in.
Gotta love this country.
Well, I gotta wonder just how explosive those transcripts are.
Your buddies in publishing, can they find out about this book deal? Specifically what? How much Dove paid Norma Novelli? The book was Lyle's idea.
To show the other side of him.
I asked him permission to tape our calls.
He said yes, but he didn't want his lawyers to find out.
I understood why when I heard some of the things he said.
I found them very distressing.
Thank you, Ms.
Novelli.
So, you and Lyle were gonna write this book together.
- Is that right? - Yes.
Lyle said when we do our book, I'd like to go on tour with it.
Oh, that's nice.
So, you and Lyle have some kind of a written contract? No, not in writing.
It was a verbal agreement.
So, you have it on tape? No.
Hours and hours and hours of recordings, and Lyle never said he agreed to be taped? No, I-I don't think so.
We've heard Mr.
Conn refer to your recordings as explosive, and you've called them distressing.
How much is Dove Books paying you to publish this explosive, distressing book? $12,500.
That's it? Well, now that's distressing.
No more questions.
You may step down, Ms.
Novelli.
Your Honor, Ms.
Novelli's recordings are a clear violation of California law requiring the consent of both parties being taped.
I don't agree.
As an inmate in a correctional institute, Mr.
Menendez had no expectation of privacy in his communications.
I'm going to admit the tapes into evidence.
Without knowing what's on them? I am willing to bet that Dove Books would've paid a whole lot more than a measly 12,000 bucks if those tapes contained any explosive evidence relating to the murders.
Mr.
Conn? Your Honor, we're not finished with our review, but there is plenty of material to impugn Lyle Menendez's credibility.
Well, if the tapes are to be admitted, it should just be to rebut Lyle's testimony.
Mr.
Conn? Very well, then.
The tapes can only be admitted as rebuttal evidence in the event that Mr.
Menendez testifies at trial.
[indistinct chatter.]
Good going.
I don't know, I'm not actually sure we won anything.
[devices beeping.]
- Not guilty.
- Not guilty! No way.
He got away with it! - Not guilty.
- Not guilty.
Oh, my God.
That's unbelievable.
- O.
J.
- What? I can't believe this.
- Is this for real? - Yes.
The bluff worked.
If Abramson puts Lyle on the stand, she runs the risk of having those tapes blow up in her smug face.
This is a disaster.
McMartin, Rodney King, and now O.
J.
? This office is a laughing stock.
We need a win, David.
Well, some of that's up to Weisberg.
The O.
J.
verdict is a direct answer to the Rodney King acquittals, the case Weisberg fumbled.
[ominous music.]
Don't they have to tell us what's on Norma's tapes? Only if they use them in trial.
And they don't have to decide until after you testify.
I don't know, I Testifying about all that stuff about my dad and mom it was hard enough the first time.
Frankly, it's risky to put you on the stand.
You make any mistake, no matter how small, they're gonna drag out those tapes.
Even your comment about the yellow sweater could be enough to turn the jury against you.
So, you don't think he should testify? [sigh.]
No, no, I don't.
So, the jury won't hear from Lyle about the abuse? So, it'll be up to you, Erik, to tell the story.
And I know you can do it.
I can do it.
Good.
I will be right there with you.
- I hope he's up to it.
- I just hope it's enough.
We got the family's testimony, the testimony about the psychological abuse Quit reminding us how much Weisberg has screwed us.
It's not about to end.
Did you see this op-ed about the O.
J.
verdict? It draws a straight line right back to Rodney King and Weisberg.
Dollars to donuts, Garcetti's behind it.
[ominous music.]
Everyone.
This is Anna, Lyle's fiancee.
I'm so happy to meet you all.
Lyle's told me how much you mean to him.
You're just as pretty as Lyle said you were.
Thank you.
All rise.
Be seated.
Good morning.
Bring in the jury.
Here we go.
We thought our parents were gonna come out and kill us.
So, we went down the hallway Uh, we opened the doors.
They were standing and [sighs.]
And we shot them.
Mr.
Menendez, after all the abuse that you described over these last weeks, do you feel you were justified in killing your parents? [sigh.]
I was not.
Were you in fear when you killed them? Yes.
Why did you kill them? Because I thought they were gonna kill me.
Why, then, don't you think you were justified in killing them? Because Because they were my parents.
There were no guns in that room.
And I realize that now, that it was a horrible mistake.
[soft weeping.]
Your Honor, we object the defense's use of imperfect self-defense.
It does not apply in this case.
I was wondering the same thing.
Your Honor, this is the same case as the first trial, when you allowed imperfect self-defense.
Now, that the case is going to the jury, is not the time to reconsider.
I wanna talk about the requirement that the defendant must believe that lethal threat to him is imminent.
Yes, that's the requirement.
Precipitate the use of deadly force.
Well, it's not for the defendant to decide what imminent means.
Your Honor, imperfect self-defense allows for the defendant's unreasonable belief that the lethal threat is imminent.
I don't think there's substantial evidence of imminent danger to justify instructing the jury on imperfect self-defense.
You [stammers.]
Your Honor, we have built our entire case on this.
The jury has heard us build up to this for the last four months.
What the defendant said does not constitute imminent danger.
So, the court is saying that the belief that at any second, people could come out of a room, guns blazing, and shoot you is not fear of imminent danger? Is that what the court is saying? For the application of imperfect self-defense, that is not imminent danger.
Now, let's move on.
No, Your Honor, we can't Ms.
Abramson, I do not wanna hear more from you on this.
Moving on.
Okay, I will prepare the final instructions and read them to the jury accordingly.
[dramatic music.]
We, the jury, find Joseph Lyle Menendez guilty of murder in the first degree of Jose Menendez and Mary Louise Menendez, in violation of section 187A of the penal code of the state of California.
We, the jury, find Erik Galen Menendez guilty of murder in the first degree of Jose Menendez and Mary Louise Menendez, in violation of section 187A of the penal code of the state of California.
Thank you.
The jury can return to the jury room.
Court will recess.
We will reconvene in one hour to discuss the scheduling of the penalty phase.
Good job.
This is not over, not by a long shot.
Okay? We can still fight.
Well, now their lives really are in imminent danger.
They transferred us to a more secure unit.
They put us on suicide watch.
And we have to wear leg chains now.
Yeah, it's a whole new ball game now that you've been convicted.
I am sorry.
I have let you both down.
Don't say that.
We know you didn't.
We just wanna know what's gonna happen to us.
One way or the other, it's okay with us.
But we've been waiting six years and we just wanna know.
Well, don't give up.
Your family's finally gonna get a chance to tell the jury what kind of young men you are, what your childhood was like.
Everything that Weisberg kept out of the trial can now be said in the penalty phase.
People who love you are gonna fight for your lives, but you have to fight too.
[gentle music.]
[buzzing.]
[weeping.]
[gasping, whimpering.]
Mama? [gasping.]
Ma.
- [gasping.]
- Mama? The sky opened up, Marta.
It's just a bad dream, Mama.
[speaking Spanish.]
God was calling for us.
I saw Jose.
Kitty.
I saw Christ himself.
Did you see everything, Mama? Yeah.
And did you ask God for forgiveness? For making Jose the man that he was? [ominous music.]
Go back to sleep, Mama.
My son is flying in tonight.
He's ready to testify.
My daughters have been waiting months to speak to the jury.
Well, now they'll have the chance.
Marta, there's some points in your testimony I need to clarify.
- Let's go into my office.
- Okay.
Joan, is there something else you wanna tell me? My father was a violent man.
Our home was chaos, and Kitty was just a child.
She was molested by someone in the family.
Oh, God.
It changed Kitty, and I don't think I ever saw her truly happy again.
Took only two verses of "Yellow Submarine" to get him back to sleep.
How's your opening coming? No, I can't stop thinking about what Kitty's sister told me.
Kitty's own abuse explains why she would allow her sons to be abused, even why she abused them herself.
To quote Philip Larkin, man hands on misery to man Until somebody breaks the cycle.
One way or the other.
It is an extraordinary task that our law puts in your hands.
I don't have any idea what it's like to make a decision to take another person's life.
I haven't a clue.
Even though I'm a murder lawyer, this is, in fact, only the second time in my career that I've ever actually had a penalty phase.
So, I'm not particularly expert at even arguing it.
People have said, just speak from your heart.
Uh, frankly, my heart is too full of Erik Menendez.
I've been his lawyer for six years.
I care about him.
I make no bones about it.
And if I try to speak from my heart, frankly, I don't think I will talk very effectively.
So now, our task is to show you that this is not a case where the interests of society or of your own conscience would be served by imposing a death verdict.
These things are not decided by computers Let's get on to the opening.
Your Honor, may I please speak? No, we've had enough references to matters outside the purpose of the opening statement.
Yes, Your Honor, I am simply trying to explain to the jury Either you'll make your opening statement in conformity with my direction, or you won't make a statement.
[tense music.]
Erik and Lyle were adorable boys.
We used to hug them and play with them.
And Kitty would say to me, you're so lucky to have girls.
I'm stuck with these two boys.
She would say that right in front of them.
She was very negative towards them.
Was your brother also very negative in how he talked to his sons? Jose laughed at Erik all the time because he wasn't as strong as Lyle.
He would call him weak, idiot, crybaby in front of everybody.
Erik was only eight.
He would start crying.
Did you notice a change in Erik's personality at this time? When he came to stay at my house in my son Andy's room, he would lock the door at every opportunity.
He told my son, Andy, you don't know how lucky you are to have locks on your doors.
It was a family gathering.
Lyle was five.
He was running around.
Jose just grabbed him by the arm.
He said something to Lyle that I couldn't hear.
Did you see Lyle's reaction? He wetted himself.
He looked very pale.
He didn't say a word.
Jose marched him to his room.
I didn't like that at all, so I followed them.
When I entered the bedroom, Jose was punching Lyle in the upper abdomen.
Lyle was gasping for air.
Was the punch with an open hand? No, ma'am.
Fist closed.
When I first saw Erik, he had a whole cluster of symptoms.
He felt the abuse was his fault.
He felt worthless and stupid and maybe if he was killed, somebody would say something nice about him.
But he's not that way now, is he? No.
He's had a lot of treatment.
A lot of support from his extended family, his friends, and I think he's been re-parented by you.
What does re-parenting mean? Erik never had the kind of parenting that, praise God, most of us have had.
Then in comes somebody who really cares about him, who sees him almost every day.
Erik took that nurturing and got stronger, less out of control.
What is your opinion about his potential for doing positive things? I think the prospect is excellent.
He's interested in reaching out to the child abuse community, to tell other victims to ask for help instead of taking the path of destruction.
Are you saying, Doctor, that Erik alleged that his mother threatened to kill him? It was more statements like, you are the cause of all the problems.
I wish you were never born.
Ah.
Let me direct you to page 35 of the notes you made during Erik's treatment.
Can you tell us what the first line at the top there says? It says, "I couldn't stand being around my mother.
" "Thought I didn't love her.
" My copy of your notes doesn't say "thought.
" It just says, "Didn't love her.
" That's interesting.
It says "thought" here in my notes, but not on your copy, so it's obviously something I wrote when I reviewed my notes.
I made maybe two dozen changes.
Ah.
Doctor, when did you add the word "thought" to your copy? I was going over my notes with Ms.
Abramson, preparing to testify You were modifying the notes of your original interview of Erik with Ms.
Abramson? Well, at her request to clarify and eliminate material that was prejudicial.
Objection, the witness misstates.
The material had already been ruled inadmissible by the court.
Overruled.
This line of questioning is irrelevant Overruled, Ms.
Abramson.
Your Honor, I ask the court to inquire Ms.
Abramson why she tampered with Dr.
Vicary's notes Objection.
And improperly withheld evidence from the prosecution.
Deputy, take the jury out.
I object to Mr.
Conn's characterizations.
We didn't withhold anything.
The prosecution has the original notes.
Ms.
Abramson, I want information from you about the history of these notes from Dr.
Vicary.
[tense music.]
Your Honor, I am prepared to answer your questions about Dr.
Vicary's notes in chambers without the prosecution present.
I am not interested in giving Mr.
Conn information he would not otherwise be entitled to.
That is not a response.
Open court is not the appropriate forum for this inquiry.
These matters will be dealt with in open court.
I want your response now.
What does he want me to do? Please the fifth? I didn't do anything wrong.
It doesn't matter what you say.
He's gonna burn you with the jury.
Ms.
Abramson.
Again, I will answer your questions about Dr.
Vicary's notes in chambers.
You persist on defying me? Let's bring the jury back in.
Your Honor, the last thing the jury heard was Mr.
Conn accusing Ms.
Abramson of tampering with evidence.
We ask that you instruct the jury that there was no misconduct on Ms.
Abramson's part.
I can't give that The jury's not to infer that she did anything improper.
I can't give that instruction because Ms.
Abramson refuses to answer my questions.
You're putting the defendants at an unfair disadvantage by allowing this cloud to hang over Ms.
Abramson.
I am ready to bring the jury back in.
No, Your Honor, one moment.
Please.
Okay, Weisberg's leaving us no choice.
He's treating you like crap the entire trial.
He's made sure that you're damaged goods in the eyes of the jury.
I will save you the trouble of asking.
You want me to step down.
[sighs.]
For Erik and Lyle's sake.
I know.
Your Honor, since the court will not instruct the jury as requested, the defense council has no choice but to ask you to remove Ms.
Abramson from the trial.
Motion denied.
- But Your Honor - I said denied.
Ms.
Abramson is not going anywhere.
[whispering.]
What the hell is he doing? You know, it's not enough to torpedo your credibility.
He wants you to stay in front of the jury to humiliate you.
I don't give a damn about that.
There's only one thing that matters.
Can I still be an effective advocate for my client? And if we really believe that I've been tainted by this BS, then there's really only one thing we can do Barry, you've gotta deliver the closing to the jury for Erik.
Approach, Your Honor? The court has left us no choice but to keep Ms.
Abramson from further addressing the jury.
I will be delivering the closing argument on behalf of Erik Menendez.
Your choice, Mr.
Levin.
We'll bring the jury back in.
Counselors, you can return to your seats.
Back to your seat, Ms.
Abramson.
Just came home for change.
I have to go right back to the office to work with Barry.
- Is Aidan asleep? - Yes.
I know that look, Les.
Something happened? Yes, Weisberg succeeded in shutting me up for a nothing technicality.
He shut me up.
What do you mean, shut you up? He made it impossible for me to give my closing statement to the jury.
It's what I do best.
Oh, God damn it.
It's what I do best.
Well, Conn's argument his only argument is gonna be that Erik and Lyle lied about everything.
So, you just have to show the jury that that argument is ludicrous.
Now, to tell you the truth, Les, I mean, I haven't given a closing in a while, let alone a capital case.
I mean, this should be you.
It is what it is.
Weisberg didn't silence me.
He silenced Erik and Lyle, just like their parents silenced them.
You know, it wouldn't hurt to remind the jury that you're a marine and a cop, so you don't come off like some bleeding heart.
Ugh [sniffs.]
Ugh! [coughing.]
What's the matter? Are you all right? Oh, it's just a it's a nosebleed.
It's nothing, I I get them from time to time.
Well, at our age, nosebleeds aren't nothing.
[weak laugh.]
Barry, are those bruises? - Ugh.
- What did you do? No, it's it's a new thing.
I bruise really easily.
- I-I got them all over.
- Well, have you seen a doctor? Yeah, they don't know what's going on.
I'll get some tests done when this is over.
[sniffs.]
I get a little tired sometimes, but I'll be okay tomorrow.
Well, yeah, I mean, I know you will.
You will do great.
Jury's gonna love a handsome devil like you.
Yeah.
[both chuckling.]
[tense music.]
Erik lied.
Plain and simple.
And so did his brother.
So did Marta Cano and the other relatives.
These two healthy, young men were not abused and there is no good reason for these murders.
If you carefully balance each of the aggravating factors against the country club abuse defense that these defendants presented? No.
It's like weighing bricks and feathers.
Here's the bricks over here.
The horror of this crime.
Tilt the scales this way against the feathers over here of too much tennis and not enough hugs.
Erik and Lyle Menendez deserve the death penalty.
You won't be giving them anything they didn't earn.
Mr.
Conn would like you to conclude that Erik and Lyle are cold-blooded killers, whose just reward is the death penalty.
They showed no mercy, so they're entitled to no mercy.
The victims are dead, so they need to die.
[scoffs.]
That's revenge.
In a court of law, you don't impose the death sentence for revenge.
[soft cough.]
Excuse me.
[coughing.]
I was in military combat in Vietnam, and I was a police officer with the LAPD.
In war and on the street and in a court room, there exists a code of conduct for the humane treatment of our fellow man.
You can't shoot someone who's surrendering.
You cannot walk out onto the battlefield and shoot the wounded enemy.
And a police officer doesn't shoot the pursuit.
In the decision that you must make, you can be firm but compassionate.
You can be strong and merciful.
These are not weaknesses.
Mm-mm.
These are strengths.
Now, the decision you make is irreversible.
If you vote for the death penalty, Erik and Lyle will be executed.
It's done.
I beg you.
Please, please spare these young men.
It's a decision you will never, ever regret.
Thank you very much.
You know, if they end up on death row, it'll be the same old, same old.
Everyone I've ever met on the row was molested as a kid.
What are you gonna do after this? Retire.
Be with my family.
You know, you should put yourself up for the judgeship.
You'd get a lot of support.
That is never gonna happen, Barry.
Why's that? I had a client 12 years ago a junkie who sold a dime bag to an undercover I tried to plead him out, but the DA wanted hard time.
So, my guy goes to prison, except he's a diabetic, and when he doesn't get his medication in prison, he died.
So, I wrote a letter to the DA congratulating him for being the first DA to get the death penalty for the sale of a dime bag of heroin.
Ever since, the DA's office has blocked my nomination for judgeship every time my name's comes up.
[softly.]
Yeah.
Well, they're right.
I shouldn't be a judge.
I would have to be impartial.
I don't wanna be impartial.
The world is filled with people walking around being impartial while disaster is striking.
I don't wanna be one of them.
I'm glad I'm not in that jury room.
Not that I'm against the death penalty, but all that mitigation.
Really? You buy that? I mean, the mental abuse, sure, but the sex abuse? I know, but those pictures.
I mean, you know what you'd do if you found someone with pictures like those.
You'd arrest them.
Yeah, those pictures.
[ominous music.]
It can't be right to kill your parents.
It just can't.
There had to be another way.
Will the defendants rise? We, the jury, having found Erik Galen Menendez and Joseph Lyle Menendez, guilty of first-degree murder with special circumstances, fix the penalty at life in prison without parole.
[indistinct chatter.]
Ladies and gentlemen of the jury, thank you for your service.
Court is adjourned.
We will file for a new trial.
We'll appeal.
This is not the end of the road.
No, it's okay, Leslie.
Now we know what's ahead.
And we're okay with it.
It's better than it was before at home.
It really is better.
All I am asking for is a call from you to delay their transport back to prison for 15 minutes.
Why? So Lyle can marry his fiancee with Erik as his best man.
You're joking.
No, I have a judge lined up to perform the service.
We can use an empty court room Out of the question.
Your clients aren't going anywhere except prison.
Judge Weisberg, is your heart so full of malice towards these boys that there isn't room for even this small kindness? Are you accusing me of bias? Get out.
Get out of my chambers.
[tense music.]
Many of us felt that if we had heard about the family history during the trial, we never would've convicted them of first-degree murder.
Mr.
Conn, can we get a comment? Judge Weisberg showed remarkable patience.
This is a victory for justice.
Thank you.
Judge Brown agreed to meet us at my office, okay? - We will get you married, Anna.
- Thank you.
I'll be back.
Leslie.
I wanted to thank you on behalf of the family for everything that you have done.
Oh, thank you.
I, uh, don't feel I did enough.
I wanted to ask you, Marta.
You were the only one who never doubted the boys about the sex abuse.
Why is that? You can never tell anybody what I'm about to tell you.
Not as long as my mother is alive.
[tense music.]
When Jose was five, my father would go on long trips and my mother was very lonely.
She would take Jose into her bed and make him do things to her.
Sexual things.
That's why I never doubted that Jose did the same to his sons.
It's a sickness that my mother gave to him.
I, Lyle Menendez, take you, Anna, to be my wife, to have and to hold, for better or worse, for richer or poorer, in sickness and health, until death do us part.
I, Anna Eriksson, take you, Lyle, to be my husband, to have and to hold, for better or worse, for richer or poorer, in sickness and in health, till death do us part.
Anna, you made such incredible sacrifices.
I adore you.
I now pronounce you man and wife.
You may kiss each other in your mind's eye.
Lyle, sweetie, how are you feeling? It's the best day of my life.
I'll see you in the next place.
Erik, did you hear everything? Yes, Aunt Terry.
I'm so glad you're there.
Lyle Adios, Lyle.
Bye, little brother.
[phone clicks.]
Thank you.
I'll see you guys.
[phone clicks.]
[reporters all speaking at once.]
Really, guys? Outside my house? Just a couple of questions, Leslie.
How do you feel now that the trial is over? It'll never be over for me, 'cause I will never sever ties with Erik and Lyle or their family.
The legal part is over, but the human part continues.
Is it true you'll be retiring? Might be.
What are you going to do? Spend some time with my husband and my lovely little boy.
Maybe open a toy store.
Okay, that's it.
Bye-bye.
- A toy store? - Leslie! [reporters all speaking at once.]
Is there anything else you can tell us? Come on, guys, it's family time.
What part of farewell don't you understand?
Have you come to a decision? We went over all the evidence, but we just couldn't reach a consensus.
We're at a complete deadlock.
Then I have no choice but to declare a mistrial.
The public is losing faith in us.
I'm taking you off the case.
David will handle the retrial.
Leslie, I can't do another trial.
My daughter has changed so much in the last four years, and I feel like I've missed it all.
I have three calls tonight.
Right.
I'll connect you.
Thanks, Norma.
Your Honor, our motion to exclude testimony about the Menendez family history is before you.
Your motion is granted.
You can't do that.
My defense is built on imminent fear.
We're adjourned.
Mmm.
[mimicking eating.]
[gasp.]
[slurping.]
Good boy.
Mommy loves you so much.
Boy, the grosser it looks, the more he loves it.
Man after my own heart.
Tonight, a call that Oh wait, turn that up.
Martha Shelton of Falls Church, Virginia has been Lyle Menendez's phone pal for the last year.
Shelton recorded those calls, and what she claims is on those tapes could send Lyle Menendez to the death chamber.
Lyle told me that we had half the jury snowed, and now we just have to snow the other half.
Oh, I don't believe this.
He called his brother, Erik, a weakling, who only shot up a bookcase.
- Do you know this woman? - I know of her.
She raised money for Lyle's defense.
By the authorities.
The jury never would've come back hung.
Lyle, I hope you get what you deserve.
I never said any of that.
Maybe I said we showed half the jury, but that's all.
This woman says she has tapes.
Lyle, if there is any chance that you told her something that could hurt you or Erik, you must tell us now.
She's just mad because I didn't send money for her to come visit me.
[door clicks.]
Martha Shelton? I'm Steven Calos from the city prosecutor's office.
These gentlemen are from Los Angeles and they have a search warrant for some tape recordings of Lyle Menendez.
They found three tapes in the storage bin.
My source says they contain calls between Martha and Lyle, and with you.
Oh, that sneaky little mouse.
Well, that little mouse has a record.
She served time at the Virginia State Penitentiary for check fraud.
Mr.
Conn refuses to supply us any discovery about Ms.
Shelton.
Not even a transcript of the tapes they seized.
He's even being cute about whether he plans to call Ms.
Shelton as a witness.
Mr.
Conn, cards on the table.
Is she going to be a witness or not? Ms.
Abramson, you will address your comments to me.
Mr.
Conn, is the prosecution planning on calling Ms.
Shelton as a witness? At this point, no, Your Honor, but this is an ongoing investigation.
See? Right there.
He's being cute.
If he admits he plans on calling this fraud artist as a witness, he needs to let us hear what's on those tapes.
Your Honor, there's law, and then there's Ms.
Abramson's rhetoric.
Council for the defense labels everyone a witness.
Your Honor, perhaps you should review the tapes and tell us what's on them.
Mr.
Conn, I order you to turn over the tapes for my review.
We're adjourned.
[indistinct chatter.]
The tapes are a bust.
There's nothing relevant on them, just gossip.
Nothing about snowing half the jury.
Martha's been blowing smoke.
Maybe she's holding out on us.
You're getting back on a plane with an arrest warrant.
That'll smart her up.
The police arrested me for obstructing their case.
They wanted me to pull something out of the air that'll help them well, I'm sorry, I don't have anything.
The thing about "snow the jury" Lyle was just joking around.
You know, when Lyle's not murdering people, he's a pretty likeable guy.
So ends her 15 minutes.
Well, there's plenty more where she came from.
Lyle and Erik have dozens of pen pals and phone pals.
Any one of them could blow up in our face.
I don't want any more surprises.
I don't remember everyone I talk to.
Mostly it was one call to thank them for thinking of me and Erik.
And the ones you talk to regularly? Norma Novelli has their numbers.
She's my switchboard.
I call her and she places the long distance calls.
There's only one person I'm serious with.
Anna.
Who is Anna? Anna Eriksson.
We're engaged.
It's a secret.
We're gonna get married no matter what happens.
Well, congratulations.
I warned Lyle about Martha.
She's just common trash, looking for a little glitter in her tawdry life.
You ever listen in on his calls? No.
Wouldn't be a trustworthy person if I did.
But sometimes the girls call me to put them in touch with Lyle.
I screen out the troublesome ones.
Keeper of the gate.
Thank you.
I've two things in my life my newsletter for the inmates and Lyle.
We talk every day.
I'm the only person that's not family who visits him.
You find out who your friends are when you're in jail.
You can say that again.
Well, I see some overseas calls here.
Yeah, Sweden.
That's a girl he talks to a lot Anna.
She sometimes visits family in Stockholm.
Right.
Anna Eriksson, his fiancee.
His fiancee? Yeah.
Oh, right.
Yeah.
She's a model.
Very pretty.
[dishes clanking.]
Just, uh see about getting you some, uh, cookies.
Anyone ever tell you you have a big mouth? Ms.
Novelli befriended Lyle Menendez four years ago.
For the last two and a half years, she's recorded her calls with him.
These tapes contain explosive new information about the guilt of Lyle and Erik Menendez, statements we feel the jury in the upcoming trial should listen to.
Let me give you a small example of what's on these tapes.
This is from a tape recorded during the first trial.
Lyle says to Ms.
Novelli "Norma, buy me a yellow sweater.
Ever see a violent man wearing a yellow sweater?" What other gems might be on those tapes? I don't know.
It's three years.
I didn't know she was taping me.
She has always been in my corner.
Did you ever give her a reason to think that you might have a romantic interest in her? No, why? I let it slip that you were engaged to Anna.
- Oh, God.
- I'm sorry.
Is this bad? What do you mean, nothing? How can there be nothing on two and half years of tapes? It's just Lyle mouthing off.
There's no evidence relating to the murders or the motive.
Tapes are useless.
[sighs.]
Maybe not.
Abramson doesn't know what's on those tapes.
- Maybe we can bluff her.
- Into doing what? Into keeping Lyle off the stand.
Think about it.
Didn't Novelli say she wanted to publish those tapes as a book? If she could find a publisher, why? Thanks to Court TV, they're celebrities.
Well, it makes them targets for all these lonely women.
Poor little boys preyed upon by rapacious women.
Their abuse derailed their development.
They don't have a baseline for making good judgments about people.
They did pick you to be their lawyer, so their judgment can't be that bad.
Well, let's not count our chickens.
Good evening.
More Menendez mania today as Dove Books announced it will publish the explosive transcripts of Norma Novelli's phone conversations with Lyle Menendez.
The book promises sensational revelations about the Menendez murders.
In other news Everybody's cashing in.
Gotta love this country.
Well, I gotta wonder just how explosive those transcripts are.
Your buddies in publishing, can they find out about this book deal? Specifically what? How much Dove paid Norma Novelli? The book was Lyle's idea.
To show the other side of him.
I asked him permission to tape our calls.
He said yes, but he didn't want his lawyers to find out.
I understood why when I heard some of the things he said.
I found them very distressing.
Thank you, Ms.
Novelli.
So, you and Lyle were gonna write this book together.
- Is that right? - Yes.
Lyle said when we do our book, I'd like to go on tour with it.
Oh, that's nice.
So, you and Lyle have some kind of a written contract? No, not in writing.
It was a verbal agreement.
So, you have it on tape? No.
Hours and hours and hours of recordings, and Lyle never said he agreed to be taped? No, I-I don't think so.
We've heard Mr.
Conn refer to your recordings as explosive, and you've called them distressing.
How much is Dove Books paying you to publish this explosive, distressing book? $12,500.
That's it? Well, now that's distressing.
No more questions.
You may step down, Ms.
Novelli.
Your Honor, Ms.
Novelli's recordings are a clear violation of California law requiring the consent of both parties being taped.
I don't agree.
As an inmate in a correctional institute, Mr.
Menendez had no expectation of privacy in his communications.
I'm going to admit the tapes into evidence.
Without knowing what's on them? I am willing to bet that Dove Books would've paid a whole lot more than a measly 12,000 bucks if those tapes contained any explosive evidence relating to the murders.
Mr.
Conn? Your Honor, we're not finished with our review, but there is plenty of material to impugn Lyle Menendez's credibility.
Well, if the tapes are to be admitted, it should just be to rebut Lyle's testimony.
Mr.
Conn? Very well, then.
The tapes can only be admitted as rebuttal evidence in the event that Mr.
Menendez testifies at trial.
[indistinct chatter.]
Good going.
I don't know, I'm not actually sure we won anything.
[devices beeping.]
- Not guilty.
- Not guilty! No way.
He got away with it! - Not guilty.
- Not guilty.
Oh, my God.
That's unbelievable.
- O.
J.
- What? I can't believe this.
- Is this for real? - Yes.
The bluff worked.
If Abramson puts Lyle on the stand, she runs the risk of having those tapes blow up in her smug face.
This is a disaster.
McMartin, Rodney King, and now O.
J.
? This office is a laughing stock.
We need a win, David.
Well, some of that's up to Weisberg.
The O.
J.
verdict is a direct answer to the Rodney King acquittals, the case Weisberg fumbled.
[ominous music.]
Don't they have to tell us what's on Norma's tapes? Only if they use them in trial.
And they don't have to decide until after you testify.
I don't know, I Testifying about all that stuff about my dad and mom it was hard enough the first time.
Frankly, it's risky to put you on the stand.
You make any mistake, no matter how small, they're gonna drag out those tapes.
Even your comment about the yellow sweater could be enough to turn the jury against you.
So, you don't think he should testify? [sigh.]
No, no, I don't.
So, the jury won't hear from Lyle about the abuse? So, it'll be up to you, Erik, to tell the story.
And I know you can do it.
I can do it.
Good.
I will be right there with you.
- I hope he's up to it.
- I just hope it's enough.
We got the family's testimony, the testimony about the psychological abuse Quit reminding us how much Weisberg has screwed us.
It's not about to end.
Did you see this op-ed about the O.
J.
verdict? It draws a straight line right back to Rodney King and Weisberg.
Dollars to donuts, Garcetti's behind it.
[ominous music.]
Everyone.
This is Anna, Lyle's fiancee.
I'm so happy to meet you all.
Lyle's told me how much you mean to him.
You're just as pretty as Lyle said you were.
Thank you.
All rise.
Be seated.
Good morning.
Bring in the jury.
Here we go.
We thought our parents were gonna come out and kill us.
So, we went down the hallway Uh, we opened the doors.
They were standing and [sighs.]
And we shot them.
Mr.
Menendez, after all the abuse that you described over these last weeks, do you feel you were justified in killing your parents? [sigh.]
I was not.
Were you in fear when you killed them? Yes.
Why did you kill them? Because I thought they were gonna kill me.
Why, then, don't you think you were justified in killing them? Because Because they were my parents.
There were no guns in that room.
And I realize that now, that it was a horrible mistake.
[soft weeping.]
Your Honor, we object the defense's use of imperfect self-defense.
It does not apply in this case.
I was wondering the same thing.
Your Honor, this is the same case as the first trial, when you allowed imperfect self-defense.
Now, that the case is going to the jury, is not the time to reconsider.
I wanna talk about the requirement that the defendant must believe that lethal threat to him is imminent.
Yes, that's the requirement.
Precipitate the use of deadly force.
Well, it's not for the defendant to decide what imminent means.
Your Honor, imperfect self-defense allows for the defendant's unreasonable belief that the lethal threat is imminent.
I don't think there's substantial evidence of imminent danger to justify instructing the jury on imperfect self-defense.
You [stammers.]
Your Honor, we have built our entire case on this.
The jury has heard us build up to this for the last four months.
What the defendant said does not constitute imminent danger.
So, the court is saying that the belief that at any second, people could come out of a room, guns blazing, and shoot you is not fear of imminent danger? Is that what the court is saying? For the application of imperfect self-defense, that is not imminent danger.
Now, let's move on.
No, Your Honor, we can't Ms.
Abramson, I do not wanna hear more from you on this.
Moving on.
Okay, I will prepare the final instructions and read them to the jury accordingly.
[dramatic music.]
We, the jury, find Joseph Lyle Menendez guilty of murder in the first degree of Jose Menendez and Mary Louise Menendez, in violation of section 187A of the penal code of the state of California.
We, the jury, find Erik Galen Menendez guilty of murder in the first degree of Jose Menendez and Mary Louise Menendez, in violation of section 187A of the penal code of the state of California.
Thank you.
The jury can return to the jury room.
Court will recess.
We will reconvene in one hour to discuss the scheduling of the penalty phase.
Good job.
This is not over, not by a long shot.
Okay? We can still fight.
Well, now their lives really are in imminent danger.
They transferred us to a more secure unit.
They put us on suicide watch.
And we have to wear leg chains now.
Yeah, it's a whole new ball game now that you've been convicted.
I am sorry.
I have let you both down.
Don't say that.
We know you didn't.
We just wanna know what's gonna happen to us.
One way or the other, it's okay with us.
But we've been waiting six years and we just wanna know.
Well, don't give up.
Your family's finally gonna get a chance to tell the jury what kind of young men you are, what your childhood was like.
Everything that Weisberg kept out of the trial can now be said in the penalty phase.
People who love you are gonna fight for your lives, but you have to fight too.
[gentle music.]
[buzzing.]
[weeping.]
[gasping, whimpering.]
Mama? [gasping.]
Ma.
- [gasping.]
- Mama? The sky opened up, Marta.
It's just a bad dream, Mama.
[speaking Spanish.]
God was calling for us.
I saw Jose.
Kitty.
I saw Christ himself.
Did you see everything, Mama? Yeah.
And did you ask God for forgiveness? For making Jose the man that he was? [ominous music.]
Go back to sleep, Mama.
My son is flying in tonight.
He's ready to testify.
My daughters have been waiting months to speak to the jury.
Well, now they'll have the chance.
Marta, there's some points in your testimony I need to clarify.
- Let's go into my office.
- Okay.
Joan, is there something else you wanna tell me? My father was a violent man.
Our home was chaos, and Kitty was just a child.
She was molested by someone in the family.
Oh, God.
It changed Kitty, and I don't think I ever saw her truly happy again.
Took only two verses of "Yellow Submarine" to get him back to sleep.
How's your opening coming? No, I can't stop thinking about what Kitty's sister told me.
Kitty's own abuse explains why she would allow her sons to be abused, even why she abused them herself.
To quote Philip Larkin, man hands on misery to man Until somebody breaks the cycle.
One way or the other.
It is an extraordinary task that our law puts in your hands.
I don't have any idea what it's like to make a decision to take another person's life.
I haven't a clue.
Even though I'm a murder lawyer, this is, in fact, only the second time in my career that I've ever actually had a penalty phase.
So, I'm not particularly expert at even arguing it.
People have said, just speak from your heart.
Uh, frankly, my heart is too full of Erik Menendez.
I've been his lawyer for six years.
I care about him.
I make no bones about it.
And if I try to speak from my heart, frankly, I don't think I will talk very effectively.
So now, our task is to show you that this is not a case where the interests of society or of your own conscience would be served by imposing a death verdict.
These things are not decided by computers Let's get on to the opening.
Your Honor, may I please speak? No, we've had enough references to matters outside the purpose of the opening statement.
Yes, Your Honor, I am simply trying to explain to the jury Either you'll make your opening statement in conformity with my direction, or you won't make a statement.
[tense music.]
Erik and Lyle were adorable boys.
We used to hug them and play with them.
And Kitty would say to me, you're so lucky to have girls.
I'm stuck with these two boys.
She would say that right in front of them.
She was very negative towards them.
Was your brother also very negative in how he talked to his sons? Jose laughed at Erik all the time because he wasn't as strong as Lyle.
He would call him weak, idiot, crybaby in front of everybody.
Erik was only eight.
He would start crying.
Did you notice a change in Erik's personality at this time? When he came to stay at my house in my son Andy's room, he would lock the door at every opportunity.
He told my son, Andy, you don't know how lucky you are to have locks on your doors.
It was a family gathering.
Lyle was five.
He was running around.
Jose just grabbed him by the arm.
He said something to Lyle that I couldn't hear.
Did you see Lyle's reaction? He wetted himself.
He looked very pale.
He didn't say a word.
Jose marched him to his room.
I didn't like that at all, so I followed them.
When I entered the bedroom, Jose was punching Lyle in the upper abdomen.
Lyle was gasping for air.
Was the punch with an open hand? No, ma'am.
Fist closed.
When I first saw Erik, he had a whole cluster of symptoms.
He felt the abuse was his fault.
He felt worthless and stupid and maybe if he was killed, somebody would say something nice about him.
But he's not that way now, is he? No.
He's had a lot of treatment.
A lot of support from his extended family, his friends, and I think he's been re-parented by you.
What does re-parenting mean? Erik never had the kind of parenting that, praise God, most of us have had.
Then in comes somebody who really cares about him, who sees him almost every day.
Erik took that nurturing and got stronger, less out of control.
What is your opinion about his potential for doing positive things? I think the prospect is excellent.
He's interested in reaching out to the child abuse community, to tell other victims to ask for help instead of taking the path of destruction.
Are you saying, Doctor, that Erik alleged that his mother threatened to kill him? It was more statements like, you are the cause of all the problems.
I wish you were never born.
Ah.
Let me direct you to page 35 of the notes you made during Erik's treatment.
Can you tell us what the first line at the top there says? It says, "I couldn't stand being around my mother.
" "Thought I didn't love her.
" My copy of your notes doesn't say "thought.
" It just says, "Didn't love her.
" That's interesting.
It says "thought" here in my notes, but not on your copy, so it's obviously something I wrote when I reviewed my notes.
I made maybe two dozen changes.
Ah.
Doctor, when did you add the word "thought" to your copy? I was going over my notes with Ms.
Abramson, preparing to testify You were modifying the notes of your original interview of Erik with Ms.
Abramson? Well, at her request to clarify and eliminate material that was prejudicial.
Objection, the witness misstates.
The material had already been ruled inadmissible by the court.
Overruled.
This line of questioning is irrelevant Overruled, Ms.
Abramson.
Your Honor, I ask the court to inquire Ms.
Abramson why she tampered with Dr.
Vicary's notes Objection.
And improperly withheld evidence from the prosecution.
Deputy, take the jury out.
I object to Mr.
Conn's characterizations.
We didn't withhold anything.
The prosecution has the original notes.
Ms.
Abramson, I want information from you about the history of these notes from Dr.
Vicary.
[tense music.]
Your Honor, I am prepared to answer your questions about Dr.
Vicary's notes in chambers without the prosecution present.
I am not interested in giving Mr.
Conn information he would not otherwise be entitled to.
That is not a response.
Open court is not the appropriate forum for this inquiry.
These matters will be dealt with in open court.
I want your response now.
What does he want me to do? Please the fifth? I didn't do anything wrong.
It doesn't matter what you say.
He's gonna burn you with the jury.
Ms.
Abramson.
Again, I will answer your questions about Dr.
Vicary's notes in chambers.
You persist on defying me? Let's bring the jury back in.
Your Honor, the last thing the jury heard was Mr.
Conn accusing Ms.
Abramson of tampering with evidence.
We ask that you instruct the jury that there was no misconduct on Ms.
Abramson's part.
I can't give that The jury's not to infer that she did anything improper.
I can't give that instruction because Ms.
Abramson refuses to answer my questions.
You're putting the defendants at an unfair disadvantage by allowing this cloud to hang over Ms.
Abramson.
I am ready to bring the jury back in.
No, Your Honor, one moment.
Please.
Okay, Weisberg's leaving us no choice.
He's treating you like crap the entire trial.
He's made sure that you're damaged goods in the eyes of the jury.
I will save you the trouble of asking.
You want me to step down.
[sighs.]
For Erik and Lyle's sake.
I know.
Your Honor, since the court will not instruct the jury as requested, the defense council has no choice but to ask you to remove Ms.
Abramson from the trial.
Motion denied.
- But Your Honor - I said denied.
Ms.
Abramson is not going anywhere.
[whispering.]
What the hell is he doing? You know, it's not enough to torpedo your credibility.
He wants you to stay in front of the jury to humiliate you.
I don't give a damn about that.
There's only one thing that matters.
Can I still be an effective advocate for my client? And if we really believe that I've been tainted by this BS, then there's really only one thing we can do Barry, you've gotta deliver the closing to the jury for Erik.
Approach, Your Honor? The court has left us no choice but to keep Ms.
Abramson from further addressing the jury.
I will be delivering the closing argument on behalf of Erik Menendez.
Your choice, Mr.
Levin.
We'll bring the jury back in.
Counselors, you can return to your seats.
Back to your seat, Ms.
Abramson.
Just came home for change.
I have to go right back to the office to work with Barry.
- Is Aidan asleep? - Yes.
I know that look, Les.
Something happened? Yes, Weisberg succeeded in shutting me up for a nothing technicality.
He shut me up.
What do you mean, shut you up? He made it impossible for me to give my closing statement to the jury.
It's what I do best.
Oh, God damn it.
It's what I do best.
Well, Conn's argument his only argument is gonna be that Erik and Lyle lied about everything.
So, you just have to show the jury that that argument is ludicrous.
Now, to tell you the truth, Les, I mean, I haven't given a closing in a while, let alone a capital case.
I mean, this should be you.
It is what it is.
Weisberg didn't silence me.
He silenced Erik and Lyle, just like their parents silenced them.
You know, it wouldn't hurt to remind the jury that you're a marine and a cop, so you don't come off like some bleeding heart.
Ugh [sniffs.]
Ugh! [coughing.]
What's the matter? Are you all right? Oh, it's just a it's a nosebleed.
It's nothing, I I get them from time to time.
Well, at our age, nosebleeds aren't nothing.
[weak laugh.]
Barry, are those bruises? - Ugh.
- What did you do? No, it's it's a new thing.
I bruise really easily.
- I-I got them all over.
- Well, have you seen a doctor? Yeah, they don't know what's going on.
I'll get some tests done when this is over.
[sniffs.]
I get a little tired sometimes, but I'll be okay tomorrow.
Well, yeah, I mean, I know you will.
You will do great.
Jury's gonna love a handsome devil like you.
Yeah.
[both chuckling.]
[tense music.]
Erik lied.
Plain and simple.
And so did his brother.
So did Marta Cano and the other relatives.
These two healthy, young men were not abused and there is no good reason for these murders.
If you carefully balance each of the aggravating factors against the country club abuse defense that these defendants presented? No.
It's like weighing bricks and feathers.
Here's the bricks over here.
The horror of this crime.
Tilt the scales this way against the feathers over here of too much tennis and not enough hugs.
Erik and Lyle Menendez deserve the death penalty.
You won't be giving them anything they didn't earn.
Mr.
Conn would like you to conclude that Erik and Lyle are cold-blooded killers, whose just reward is the death penalty.
They showed no mercy, so they're entitled to no mercy.
The victims are dead, so they need to die.
[scoffs.]
That's revenge.
In a court of law, you don't impose the death sentence for revenge.
[soft cough.]
Excuse me.
[coughing.]
I was in military combat in Vietnam, and I was a police officer with the LAPD.
In war and on the street and in a court room, there exists a code of conduct for the humane treatment of our fellow man.
You can't shoot someone who's surrendering.
You cannot walk out onto the battlefield and shoot the wounded enemy.
And a police officer doesn't shoot the pursuit.
In the decision that you must make, you can be firm but compassionate.
You can be strong and merciful.
These are not weaknesses.
Mm-mm.
These are strengths.
Now, the decision you make is irreversible.
If you vote for the death penalty, Erik and Lyle will be executed.
It's done.
I beg you.
Please, please spare these young men.
It's a decision you will never, ever regret.
Thank you very much.
You know, if they end up on death row, it'll be the same old, same old.
Everyone I've ever met on the row was molested as a kid.
What are you gonna do after this? Retire.
Be with my family.
You know, you should put yourself up for the judgeship.
You'd get a lot of support.
That is never gonna happen, Barry.
Why's that? I had a client 12 years ago a junkie who sold a dime bag to an undercover I tried to plead him out, but the DA wanted hard time.
So, my guy goes to prison, except he's a diabetic, and when he doesn't get his medication in prison, he died.
So, I wrote a letter to the DA congratulating him for being the first DA to get the death penalty for the sale of a dime bag of heroin.
Ever since, the DA's office has blocked my nomination for judgeship every time my name's comes up.
[softly.]
Yeah.
Well, they're right.
I shouldn't be a judge.
I would have to be impartial.
I don't wanna be impartial.
The world is filled with people walking around being impartial while disaster is striking.
I don't wanna be one of them.
I'm glad I'm not in that jury room.
Not that I'm against the death penalty, but all that mitigation.
Really? You buy that? I mean, the mental abuse, sure, but the sex abuse? I know, but those pictures.
I mean, you know what you'd do if you found someone with pictures like those.
You'd arrest them.
Yeah, those pictures.
[ominous music.]
It can't be right to kill your parents.
It just can't.
There had to be another way.
Will the defendants rise? We, the jury, having found Erik Galen Menendez and Joseph Lyle Menendez, guilty of first-degree murder with special circumstances, fix the penalty at life in prison without parole.
[indistinct chatter.]
Ladies and gentlemen of the jury, thank you for your service.
Court is adjourned.
We will file for a new trial.
We'll appeal.
This is not the end of the road.
No, it's okay, Leslie.
Now we know what's ahead.
And we're okay with it.
It's better than it was before at home.
It really is better.
All I am asking for is a call from you to delay their transport back to prison for 15 minutes.
Why? So Lyle can marry his fiancee with Erik as his best man.
You're joking.
No, I have a judge lined up to perform the service.
We can use an empty court room Out of the question.
Your clients aren't going anywhere except prison.
Judge Weisberg, is your heart so full of malice towards these boys that there isn't room for even this small kindness? Are you accusing me of bias? Get out.
Get out of my chambers.
[tense music.]
Many of us felt that if we had heard about the family history during the trial, we never would've convicted them of first-degree murder.
Mr.
Conn, can we get a comment? Judge Weisberg showed remarkable patience.
This is a victory for justice.
Thank you.
Judge Brown agreed to meet us at my office, okay? - We will get you married, Anna.
- Thank you.
I'll be back.
Leslie.
I wanted to thank you on behalf of the family for everything that you have done.
Oh, thank you.
I, uh, don't feel I did enough.
I wanted to ask you, Marta.
You were the only one who never doubted the boys about the sex abuse.
Why is that? You can never tell anybody what I'm about to tell you.
Not as long as my mother is alive.
[tense music.]
When Jose was five, my father would go on long trips and my mother was very lonely.
She would take Jose into her bed and make him do things to her.
Sexual things.
That's why I never doubted that Jose did the same to his sons.
It's a sickness that my mother gave to him.
I, Lyle Menendez, take you, Anna, to be my wife, to have and to hold, for better or worse, for richer or poorer, in sickness and health, until death do us part.
I, Anna Eriksson, take you, Lyle, to be my husband, to have and to hold, for better or worse, for richer or poorer, in sickness and in health, till death do us part.
Anna, you made such incredible sacrifices.
I adore you.
I now pronounce you man and wife.
You may kiss each other in your mind's eye.
Lyle, sweetie, how are you feeling? It's the best day of my life.
I'll see you in the next place.
Erik, did you hear everything? Yes, Aunt Terry.
I'm so glad you're there.
Lyle Adios, Lyle.
Bye, little brother.
[phone clicks.]
Thank you.
I'll see you guys.
[phone clicks.]
[reporters all speaking at once.]
Really, guys? Outside my house? Just a couple of questions, Leslie.
How do you feel now that the trial is over? It'll never be over for me, 'cause I will never sever ties with Erik and Lyle or their family.
The legal part is over, but the human part continues.
Is it true you'll be retiring? Might be.
What are you going to do? Spend some time with my husband and my lovely little boy.
Maybe open a toy store.
Okay, that's it.
Bye-bye.
- A toy store? - Leslie! [reporters all speaking at once.]
Is there anything else you can tell us? Come on, guys, it's family time.
What part of farewell don't you understand?