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CA - Court upholds Menendez brothers' convictions

Discussion in 'Past Trial Discussion Threads' started by LinasK, Sep 7, 2005.

  1. LinasK

    LinasK Verified insider- Mark Dribin case

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    POSTED: 3:40 pm PDT September 7, 2005


    LOS ANGELES -- A federal appeals court on Wednesday upheld the convictions of Erik and Lyle Menendez, two brothers convicted of murdering their parents in their Beverly Hills mansion in 1989.The 9th U.S. Circuit Court of Appeals left intact a 1998 state appellate court ruling upholding the convictions and life-without-parole sentences.

    The brothers admitted fatally shooting Jose and Kitty Menendez in the home in August 1989 and were convicted of first-degree murder.

    They said they feared their parents were about to kill them to prevent disclosure of the father's sexual molestation of Erik. Prosecutors contended there was no evidence of molestation and said the sons were after their parents' multimillion-dollar estate.

    Jurors deadlocked at their first trial, in which separate juries heard the evidence against each defendant and the judge gave jurors the option of manslaughter convictions based on the sons' belief that they were in danger. more at link:http://www.ktvu.com/news/4946247/detail.html
     
  2. Casshew

    Casshew Former Member

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    Thank God there is still sane people in the world!
     
  3. graybar hotel

    graybar hotel New Member

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    Good news from California, hopefully they will be of the same mind when Scott comes up for appeal!

    SAN FRANCISCO (AP) - A federal appeals court Wednesday upheld the convictions of Erik and Lyle Menendez, two brothers convicted of murdering their parents in their Beverly Hills mansion, a case that generated headlines across the globe.

    The 9th U.S. Circuit Court of Appeals left intact a 1998 state appeals court ruling upholding the convictions and life-without-parole sentences.

    The brothers admitted fatally shooting Jose and Kitty Menendez in the home in August 1989 and were convicted of first-degree murder.

    http://www.lasvegassun.com/sunbin/stories/nat-gen/2005/sep/07/090709642.html
     
  4. KatzHome

    KatzHome Former Member

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    DRIP's appeal won't be won either...
     
  5. lisafremont

    lisafremont An open mind shouldn't mean an empty one!

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    :woohoo:
    I am happy for David Conn and all the others in the prosecutors' office who put these sociopathic, spoiled rich boys away where they belong!!
     
  6. lisafremont

    lisafremont An open mind shouldn't mean an empty one!

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    I am very happy for David Conn and Lester Kuriyama and Pam Bozanich and all the other prosecutors who worked so hard for justice for Jose and Kitty.
     
  7. bakerprune64

    bakerprune64 Former Member

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    And justice too:clap:
     
  8. CyberLaw

    CyberLaw Former Member

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    You see they did not want to testify because of our the Prosecution would have "vilified" them and their story on the stand.

    But they wanted others to confirm their story through their testimony, but there was no basis to put these people on the stand.

    Now they list on their lame appeal that these people should have been put on the stand. ......please, appeal denied.....the higher courts will deny the appeal also........they are "jail bird toast".
     
  9. Noirdame79

    Noirdame79 New Member

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    As many as 15 young boys, all members of Menudo over the past 13 years, had been allegedly sexually abused by the men entrusted in their care, charges Bolivar Arellano, the group's former PR director.

    The man who negotiated a $20 million dollar record deal for them was Jose Menendez who is the late father of Lyle and Erik Menendez. The brothers accused their father of sexual abuse in court but the allegations have been unproven.

    Bolivar Arellan adds, "There could be a dozens of other boys, some as young as 11, who were forced to submit to gay sex while being piled with drugs and booze during auditions for the group.

    When this gay scandal broke, singer Ricky Martin, a former member of Menudo, issued a statement saying that he had never met Jose Menendez when an unsubstantiated rumor began to circulate about Martin and a high ranking music executive.

    Although this may have been a vicious rumor, the photo above does prove that Martin did meet Menendez.

    Source: The Globe.

    This article is from the early 80s, talking about the group and Jose's connection with it:

    http://www.nytimes.com/1983/11/23/arts/the-pop-life-menudo-signs-long-term-rca-pact.html

    Another article where Ricky Martin denies being molested by Jose Menendez, but it indicates that Menedez had an obsession with the boy band:

    https://groups.google.com/forum/#!topic/alt.culture.fabulous/hpfH1yEBlHs
     
  10. Noirdame79

    Noirdame79 New Member

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    I should also point out that the Menudo owner Edgardo Diaz, who appears in the group photo with Jose Menendez, as well as Ricky Martin and other group members, has also been accused of sexual abuse by several former members of the boy band. These allegations first began circulating in 1991. Former Menudo member Angelo Garcia revealed that he was sexually molested by a man who was associated with the administration of the group. Apparently, the boys did not have proper supervision as their parents did not travel with them.
     
  11. Noirdame79

    Noirdame79 New Member

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    Here's some more info re: the Menendez case

    In the fall of 1989, journalist and writer Robert Rand conducted interviews with Erik Menendez and Lyle's friend Donovan Goodreau (it was Goodreau's ID that was supposedly used by Erik to purchase shot guns). Both interviews were recorded. Erik seemed to remember his parents in glowing terms (not unusual in families with abuse and with a narcissistic parent) but he did mention something that Rand found disturbing. Erik stated that his father frequently took showers with him and implied that he did the same with Lyle. Donovan Goodreau told Rand that he had once confided in Lyle that he had been sexually molested as a boy. He said Lyle listened intently, with tears in his eyes, and not long after confided to Goodreau that Jose had molested Erik and himself and Goodreau was quoted as saying that Jose "took baths with them". Goodreau was a prosecution witness in the first trial; under cross-examination by Lyle's defense attorney, Jill Lansing, Goodreau denied that Lyle had made any admission to him regarding sexual abuse. Lansing was clearly shocked and was permitted to play the tape from Goodreau's interview with Rand, catching Goodreau in a lie. Since he couldn't deny that it was his voice on the tape, Goodreau claimed that he did not remember making those statements.

    Two cousins who testified for the defense in the first trial stated that the brothers had confided to them on separate occasions in the past that their father had been touching them inappropriately. Andy Cano, the son of one of Jose's sisters, stated that Erik, then age 13, had asked him if his father ever gave him massages. Cano was shocked and said no, and then Erik confided that his father had been "massaging his dick". Erik then asked his cousin to swear not to tell anyone. Diane Vander Molen, the daughter of Kitty's older sister, had resided with the family for three summers in the late 1970s, testified that Lyle at age 8, told her that his father had been touching him "down there", referring to his crotch. She immediately told Kitty, who reacted with disbelief and hauled the boy off to his room. The situation was never discussed again. Vander Molen also said that when Jose was away, the boys would take turns sleeping in their mother's bed. She revealed that even at this young age, Lyle and Erik were sexually curious, jumping on her and fondling her breasts.

    A medical report from when Erik was 8 years old stated that he had suffered an injuy to the back of his throat, and a medical expert testified that injury was consistent with forced oral sex. While the prosecution tried to argue that the injury could have been cause by something else, even they had to admit that the injury was "unusual".

    The Menudo allegations, Jose's company LIVE Entertainment distributing child pornography and Erik's letter to a cousin three years before the murders expressing fear of his father I have already talked about. The jurors in the second trial heard none of this.
     
  12. Tulessa

    Tulessa Well-Known Member

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    Noirdame79 , thanks for posting these. I like to think I'm a pretty good judge of character. Their father was strict, true, but I was a strict mom. I honestly hope that these two never see the light of day again. I followed this case more religiously than I did the C.A. case. Sure, I may be wrong, but all I seen was two rich snots cashing in on their parents death. When they cried tears, it was for themselves. I seen absolutely no remorse from either of these two young men for taking their parents lives. Such a sad case. :(
     
  13. Noirdame79

    Noirdame79 New Member

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    I have always believed that this case was more complex than it appeared. Having said that, I do not condone what they did. They had a choice. I can't speak as to whether or not the sexual abuse happened, but I think it is possible. Jose Menendez was hated and feared by many people; he got off on hurting and humiliating others. His sons grew up in a household where violence, lying, cheating and stealing was considered acceptable. In the end he paid the price for that. Kitty Menendez was the classic example of the silent partner, the mother who knows of the abuse but is too dependent to stop it. The brothers have admitted that they had a love/hate relationship with their parents, and their father dominated their lives to such an extent that they had virtually very little real world experiences. Their teachers and later psychiatrists who examined them determined that their emotional and mental growth had been stunted; they were, in essence, immature for their age. They were spoiled and enabled in a way, but that was not their doing. After having their father throw his power around and use his wealth and influence to get them out of trouble, Jose was shocked when he realized that Lyle and Erik lacked initiative. Did he realize that it was his own doing? Maybe, but he was a classic narcissist who expected everything to be his way and for his sons to be what he wanted them to be which was a completely unrealistic and unfair expectation. He did not deserve to die, nor did Kitty. But they were not good parents by any stretch of the imagination, and there had to be something wrong in that family. Even when they confessed to Dr. Oziel, the brothers did not say that they killed for money. While they didn't mention abuse either, it is much harder for male victims to talk about sexual abuse, especially if it is committed by another male.

    Erik Menendez has shown remorse, on more than one occasion. If it wasn't for him confessing to Dr. Oziel, I doubt if the murder would have been solved, or at least it would not have been solved for several years. The murders bothered him so much that he lost weight, had frequent nightmares and would often burst into tears for no apparent reason; he was also suicidal at times. He has said that he receives letters from people who were abused and who seem to think that what he and his brother did was okay, to which he replies that murder is never the solution. He also said that he talks to his mother every day, but he doesn't do the same with his father because as he put it, "Dad was a scary guy. He wasn't big on emotional conversations." I get the impression that he is still afraid of his father, even now.

    Due to a recent law that has been passed, the Menendez brothers can, legally, request a new trial. They have until 2020 to do so.
     
  14. Noirdame79

    Noirdame79 New Member

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    Here is a link about the the brothers and the optimism that they may get a new trial due to a law that has been passed regarding sexual abuse. Since the brothers did not have any witnesses or experts to corroborate their testimony in the second trial. There is also a video excerpt showing Erik's letter at age 15 to a cousin stating that he was afraid of his father:

    http://crimefeed.com/2015/11/barbar...rican-scandals-menendez-brothers-get-retrial/
     
  15. Trvl4Lyfe

    Trvl4Lyfe Member

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    Seriously...?
     
  16. Noirdame79

    Noirdame79 New Member

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    A law was passed stating that defendants who did not have a proper defense in cases where there was alleged sexual abuse can apply for a new trial. This is in large part because in California many people have been lobbying to change the statute of limitations on sexual abuse. As I have pointed out, Jose Menendez has been accused of molesting young boys when he was an executive at RCA Records in the early to mid 1980s.

    Ricky Martin got his start in a Puerto Rican boy band called Menudo. There were multiple members of Menudo that later claimed they were molested by Jose Menendez, a record exec who orchestrated Menudo’s fame in the U.S. Jose Menedez would later be murdered along with his wife, by their two sons, Lyle and Erik Menendez. The brothers would claim in court, it was years of sexual abuse at the hands of their father that led them to commit the murders.
     
  17. Noirdame79

    Noirdame79 New Member

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    In the second trial, Judge Stanley Weisberg (who had also presided over the previous Menendez trial) not only barred television coverage, he also put severe limits on what evidence and testimony the defense could use. At the time, both the judge and the District Attorney's Office were under a tremendous amount of pressure to get a conviction, not only because the first trial had ended in hung juries but also due in large part to the OJ Simpson acquittal. Prosecutor David Conn also fought to keep the testimony and evidence from the defense from the first trial out. This included photos of the brothers taken when they were children, in which they were naked and the emphasis was on the lower parts of their bodies. He ultimately won, and the only testimony allowed by the defense until the penalty phase was that of the brothers themselves. They had no family members, friends or experts (on child sexual abuse and medical evidence), as they had had in the first trial, to corroborate their claims. The only other defense witnesses who testified were not permitted to do so until after the brothers had been convicted. The brothers, despite the terrible crime they committed, were still legally entitled to a defense, and the judge and prosecution made sure that they didn't have one. Ironically, it is for this very reason that the brothers can now appeal their case once again. At the time, it was argued that "the battered woman syndrome" could not be used for them because they are male, which is ridiculous because males can be and often are abused. Jose Menendez was 44 years old at the time of his death, and in very good physical shape, so it's not hard to believe that he posed a threat, and he was also a very prominent, powerful individual; and no matter what the parent is always seen has having more credibility in abuse situations, even when the abused children grow up. I speak from personal experience, because by the time I was able to talk about the abuse I suffered as a child, I was accused of lying, told that there was something wrong with me and that I was crazy. Kitty Menendez, while in some ways a victim in her own right, was not an innocent bystander. No matter how bad things got, and how unhappy she and her sons became, she refused to leave the marriage; she always chose to stay with Jose. She essentially chose her husband over her children, and she failed to protect them. The argument that the brothers were adults who could have left is a valid one, but you have to remember that neither Lyle nor Erik had the skills necessary to survive in the real world, because their parents did not allow them to live normal lives. In many ways, psychologically and emotionally, they were still children.

    Most of the brothers' family members rallied to their defense, testified for them in the first trial and remain supportive of them. While they agree that nothing excuses what Lyle and Erik did, they also know that the brothers were not given the unconditional love, nurturing and guidance that they needed.

    It has been confirmed by family members (and by Erik Menendez himself in a taped interview with journalist Robert Rand in October 1989) that Jose showered with his sons, even when they were old enough to do so themselves. This is not normal. Neither is the fact that when the family lived in Calabasas, Jose drilled a hole in the ceiling of Erik's bedroom in order to spy on him. In the first trial, it was ironically, the prosecution who wanted to present this evidence (which Judge Weisberg would not allow), claiming that the reason that Jose did this was because he was "concerned about his son's sexuality". In a blatant attempt to present their own agenda, they overlooked the fact that this behavior on Jose's part was not only highly inappropriate, but actually exposed a disturbing character trait. (The prosecution in both trials was always trying to prove that Erik was gay or bisexual, and that was the real reason that he knew about sex between males, and Jose, who was known to be homophobic, was upset about this. Erik did admit to being confused about his sexuality, and if his father was molesting him, that could account for why. Also, many fathers who sexually abuse their sons are homophobic). Spying on someone in an area that is supposed to be private, such as a bedroom and/or a bathroom, is actually a form of sexual abuse. When Jose Menendez did this, he was committing what is called "psychological incest". Again, this is not normal behavior; parents who are loving, respectful and genuinely concerned about their children do not drill holes in walls or ceilings in their children's bedrooms and spy on them. If this scenario had involved a father spying on a daughter in the same manner, no matter what the reasoning, I highly doubt the prosecution would have tried to present it as evidence; not only would it have been an outrage, but it would have been a benefit to the defense.

    As for the possibility of a third trial, time will tell.
     
  18. Noirdame79

    Noirdame79 New Member

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    BARBARA WALTERS PRESENTS AMERICAN SCANDALS: COULD THE MENENDEZ BROTHERS GET A RETRIAL?

    On August 20, 1989, Erik and Lyle Menendez shot their parents to death in the living room of their Beverly Hills mansion. Lyle was 21 and Erik was 18 when they murdered their parents. The brothers’ two murder trials were prime tabloid fodder and launched a cable network, Court TV.

    Many people saw the brothers as spoiled rich kids who took drastic action to inherit their father’s considerable wealth. The brothers, and many of the supporters, contended that the young men had been sexually abused by their father for years. And while no one disputes that the handsome and privileged young men shot their parents, many question if the pair were given a fair second trial.

    The first trial resulted in a mistrial because of a split jury, but in the second trial the brothers were found guilty of first-degree murder and sentenced to life without parole. Barbara Walters covered both trials, interviewed the men several times and maintained written correspondence with Erik.

    <modsnip>



    http://crimefeed.com/2015/11/barbar...rican-scandals-menendez-brothers-get-retrial/
     
  19. Noirdame79

    Noirdame79 New Member

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    Some family photos. It should be noted that while pictures often show smiling faces, the reality behind the photo can sometimes be quite different.

    Erik (left) and Lyle

    [​IMG]

    With their father

    [​IMG]

    The Menendez family on vacation (I apologize for the small size of the photo and the poor quality)

    [​IMG]

    Erik and Jose at Erik's high school graduation ceremony, Beverly Hills High School, May 1989

    [​IMG]
     
  20. JerseyGirl

    JerseyGirl Moderator Staff Member Forum Coordinators

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