Updated May 24, 2002, 2:00 p.m. ET
 
Erik Menendez's probation report

Court TV Casefiles: Menendez
The probation report for Erik Menendez. Judge Stanley Weisberg ordered Erik and his brother Lyle to serve two consecutive life terms without parole for the 1989 shotgun slayings of their parents.


SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES

PROBATION OFFICER'S REPORT

DEFENDANT'S NAME(S)
ERIK GALEN MENENDEZ

ADDRESS (PRESENT)
LOS ANGELES COUNTY JAIL

AGE
25

BIRTHDATE
11/27/70

SEX
M

RACE
W, WHITE

CITIZENSHIP STATUS
U.S. BORN

DAYS IN JAIL THIS CASE
ESTIMATED
2,375

CUSTODY STATUS/RELEASE DATE
JAIL (NO BAIL)

DRIVER'S LICENSE/EXP DATE
A2246779

COURT
NW-N

JUDGE
WEISBERG

COURT CASE NO.
BA068880

HEARING DATE
07/02196

DEFENSE ATTY
ABRAMSON/LEVIN

PROSECUTOR
CONN/NAJERA

DPO
MCMILLEN
B32

AREA OFFICE
ESFV

PHONE NO
(805) 252-3965

TYPE REPORT
Probation and Sentence

PRESENT OFFENSE: LEGAL HISTORY
CHARGED with the crimes of  (INCLUDE PRIORS,
ENHANCEMENTS OR SPECIAL CIRCUMSTANCES)

I & II: 187 (a) PC (MURDER)
FURTHER ALLEGED
190.2 (A) (15) PC (COMMITTED WHILE LYING IN WAIT)
190.2 (A) (3) PC (COMMITTED MULTIPLE MURDERS)

III. 181 (1) PC (CONSPIRACY TO COMMIT MURDER)

CONVICTED of the crimes of (INCLUDE PRIORS,
ENHANCEMENTS OR SPECIAL CIRCUMSTANCES)

SAME
SPECIAL CIRCUMSTANCES FOUND TRUE

CONVICTED BY
JURY

DATE OF CONVICTION
03/20/96

COUNT(S) CONTINUED TO P&S FOR DISPOSITION
N/A

ARREST DATE
03/11/90

TIME
0115

BOOKED AS
ERIK GALEN MENENDEZ

OFFENSE
187 PC

LOCATION OF ARREST
UNKNOWN

ARRESTING AGENCY
BEVERLY HILLS PD

CO-DEFENDANT(S)
JOSEPH LYLE MENENDEZ

CASE NO.
SAME

DISPOSITION
SAME


ELEMENTS AND RELEVANT CIRCUMSTANCES OF THE
OFFENSES:

THE DEFENDANTS CONSPIRED TOGETHER AND
MURDERED JOSE ENRIQUE MENENDEZ (AGE 45) AND
MARY LOUISE "KITTY" (ANDERSEN) MENENDEZ (AGE 48),
THEIR PARENTS AT THEIR BEVERLY HILLS HOME.

IN THE SPRING OF 1989, THE CO-DEFENDANT STOLE AN
IDENTIFICATION CARD FROM HIS ROOMMATE AT
COLLEGE. ON AUGUST 18, 1989, THE DEFENDANTS DROVE
TO SAN DIEGO COUNTY WHERE THE DEFENDANT
USED THIS IDENTIFICATION CARD TO PURCHASE TWO
IDENTICAL MOSSBURG 12-GAUGE SHOTGUNS CAPABLE
OF HOLDING FIVE ROUNDS IN ADDITION TO ONE ROUND
IN THE CHAMBER. THEY ALSO LATER PURCHASED SOME
BUCK (.33 CALIBER PELLETS) SHELLS IN ADDITION TO
THE "BIRDSHOT" THEY OBTAINED AT THE TIME OF THE
ORIGINAL GUN PURCHASE.

ON THE NIGHT OF AUGUST 20, 1989, THE DEFENDANTS
LOADED THEIR GUNS WITH ROUNDS OF 4 BUCK EACH. AT
ABOUT 10:00 OR 10:15 P.M., THE DEFENDANTS BURST
INTO THE FAMILY DEN WHERE THE VICTIMS WERE
SITTING ON THE COUCH. ALL TEN ROUNDS WERE FIRED
AT THE VICTIMS AND ALL BUT ONE FOUND THEIR
MARKS. (ONE ROUND WAS A COMPLETE MISS AND WENT
THROUGH A SHUTTER AND WINDOW BEHIND THE
VICTIMS.) BECAUSE VICTIM "KITTY" APPEARED TO BE
STILL MOVING, THE DEFENDANTS THEN WENT TO THE
CO-DEFENDANT'S CAR WHERE THE DEFENDANT
RETRIEVED ONE OR TWO SHELLS  OF BIRDSHOT. HE GAVE
THE SHELL TO THE CO-DEFENDANT WHO RETURNED TO
THE SCENE OF THE CRIME AND SHOT VICTIM "KITTY" IN
THE FACE AT POINT BLANK RANGE. AFTER PICKING UP
THE EMPTY SHELLS, THEY LEFT TO GET RID OF THE
GUNS AND BLOODY CLOTHING AND ATTEMPTED TO
ESTABLISH  AN ALIBI BY MEETING WITH A FRIEND.
WHEN THEY WERE UNSUCCESSFUL IN
ESTABLISHING CONTACT WITH THIS PERSON, THEY
RETURNED TO THE HOUSE AND CALLED THE BEVERLY
HILLS POLICE DEPARTMENT AT 11:47 P.M. TO REPORT THE
MURDERS. AFTER BEING QUESTIONED BY THE POLICE,
THEY RETURNED TO THE HOUSE AND WERE ABLE TO
REMOVE THE WRAPPINGS AND PAPERS FROM THE GUNS
AND AMMUNITION THAT HAD BEEN LEFT IN THE CO-
DEFENDANT'S CAR.

SOURCES OF INFORMATION
STEPHEN B.GOLDBERG

NAME
JOSE ENRIQUE MENENDEZ

COUNT(S)
I

INJURY: PROPERTY LOSS/TYPE/COST/ETC.)

INSURANCE COVERAGE
SEVERAL 100,000 PAID IMMEDIATELY TO THE
DEFENDANTS


LOSS
YES

ESTIMATED LOSS
LIFE

RESTITUTION ALREADY MADE
NO

APPLIED FOR VICTIM RESTITUTION
NO

VICTIM STATEMENT:
STEPHEN B. GOLDBERG, THE ATTORNEY WHO HANDLED
THE PROBATE OF THE VICTIM'S ESTATES, SAYS
EVERYTHING HAS BEEN LIQUIDATED AND ALL BILLS AND
TAXES HAVE BEEN PAID. IF THE DEFENDANTS ARE
DECLARED INELIGIBLE AS HEIRS, THE ESTATE WILL GO
TO INTESTATE HEIRS. RIGHT NOW, MARIA MENENDEZ,
THE DEFENDANT'S GRANDMOTHER, IS THE ONLY ONE
LEFT WHO WOULD INHERIT EVERYTHING. HOWEVER,
THERE IS NOT A LOT LEFT TO INHERIT.

RESTITUTION
TOTAL NUMBER OF VICTIMS
2

ESTIMATED LOSS TO ALL VICTIMS
$LIFE

VICTIM(S) NOTIFIED OF P&S HEARING
YES

DOES DEFENDANT HAVE INSURANCE TO COVER
RESTITUTION
NO

ADDITIONAL VICTIMS:

SOURCES OF INFORMATION
STEPHEN B.GOLDBERG

NAME
MARY LOUISE "KITTY" MENENDEZ

INJURY: PROPERTY LOSS (TYPE / COST/ ETC.)

COUNT(S)
II

INSURANCE COVERAGE
SEE VICTIM ONE

LOSS
YES

ESTIMATED LOSS
LIFE

RESTITUTION ALREADY MADE
NO

APPLIED FOR VICTIM RESTITUTION FUND
No

VICTIM STATEMENT
SEE VICTIM ONE

SOURCES OF INFORMATION
CII (4-22-96), FBI, LACO, DMV, MCI, APS, JAIL, DEFENDANT

AKA'S:
NONE

JUVENILE HISTORY:

9-16-88
LASD/MALIBU - 459 PC (BURGLARY), 487.1 PC (GRAND
THEFT PROPERTY) - 1-20-89, JUVENILE COURT PETITION
FILED, REFERRED TO PROBATION DEPT. FOR
CONSIDERATION RE 654 WIC; 3-7-89, MINOR IS ACCEPTED
FOR SUPERVISION PER 654 WIC, PETITION DISMISSED,
CASE DISMISSED;  9-6-89, CASE EXPIRED.

(AROUND JULY 4, 1988, WHILE VISITING A FRIEND,
DEFENDANT AND HIS FRIEND, CRAIG, DECIDED TO PLAY
A JOKE ON THE FRIEND, WHOSE PARENTS WERE OUT OF
THE COUNTRY, BY MOVING HIS VEHICLE. WHILE
LOOKING FOR THE KEYS, THEY FOUND OTHER KEYS AND
THE COMBINATION TO THE FAMILY SAFE. THEY OPENED
THE SAFE AND FOUND A LARGE AMOUNT OF JEWELRY
AND ABOUT $2,000 IN CASH THEY REMOVED THE
VALUABLES FROM THE SAFE AND HID THEM. ON JULY 14,
1988, A NEIGHBOR OF A SECOND VICTIM, WHO WAS ALSO
OUT OF TOWN, OBSERVED DEFENDANT ENTER THE
SECOND VICTIM'S HOME THROUGH THE REAR
ENTRANCE. WHEN THE VICTIM RETURNED HOME
SEVERAL WEEKS LATER, HE DISCOVERED THAT THE
HOUSE HAD BEEN BURGLARIZED AND A CONSIDERABLE
AMOUNT OF JEWELRY AND OTHER ITEMS HAD BEEN
TAKEN. DEFENDANT NOW ADMITS THAT HE AND THE CO-
DEFENDANT COMMITTED THIS THEFT. THEY TOOK A
SOLARFLEX MACHINE, POTTERY, PAINTINGS, THE
FAMILY SAFE AND OTHER ITEMS. HE KNEW THE SECOND
VICTIM'S DAUGHTER FROM SCHOOL. HE TRIED TO UNDO
WHAT THEY DID BEFORE THE VICTIMS RETURNED HOME,
BUT THEY ENDED UP PUTTING SOME OF THE SECOND
VICTIM'S PROPERTY IN THE FIRST VICTIM'S SAFE. HE
NEVER TOLD THE POLICE ABOUT CRAIG'S OR THE CO-
DEFENDANT'S INVOLVEMENT BECAUSE HIS FATHER DID
NOT WANT THE CO-DEFENDANT TO GET ARRESTED.
DEFENDANT WAS QUESTIONED AND ADMITTED THE
CRIMES. HE RETURNED MOST OF THE STOLEN PROPERTY
WHICH HAD AN ESTIMATED VALUE OF $100,000. BOTH
VICTIMS TOLD THE PROBATION OFFICER AT THE TIME
THAT THEIR LOSSES HAD BEEN PAID IN FULL BY THE
DEFENDANT AND HIS FAMILY. DEFENDANT STATED, "I
DON'T KNOW WHY I DID IT... MAYBE I WAS JUST BORED
AND FRUSTRATED...BECAUSE I HAD INJURED MY ANKLE
AND COULDN'T PLAY TENNIS. WHATEVER, I DID DO IT
AND I'M VERY SORRY. I'VE BEEN TRYING TO MAKE UP
FOR IT BY WORKING WITH THE HOMELESS DOWN AT ST.
JOSEPH CENTER IN VENICE - AND I'M GOING TO PAY MY
PARENTS BACK AS SOON AS I CAN. I'M SURE I WILL
NEVER DO ANYTHING LIKE THIS AGAIN.")

RECORDS OF THE DEPARTMENT OF MOTOR VEHICLES
SHOW THAT DEFENDANT HAD FOUR CASES IN THE
JUVENILE TRAFFIC COURT IN 1987 AND 1988. HE
SUSTAINED TWO CONVICTIONS EACH FOR 22349 VC
(SPEEDING), 12951A VC (NO LICENSE IN POSSESSION) AND
5204A VC (NO LICENSE PLATE TABS). TWO OF THESE
CASES HAD GONE TO WARRANT BEFORE THEY WERE
FINISHED.

ADULT HISTORY:

FOLLOWING HIS ARREST FOR THE PRESENT OFFENSE,
DEFENDANT WAS BOOKED FOR TWO OUTSTANDING
TRAFFIC WARRANTS. ON 4-16-90, HE APPEARED IN
DIVISION 100 OF THE VAN NUYS MUNICIPAL COURT AND
WAS SENTENCED TO TIME SERVED FOR 22350 VC
(SPEEDING) AND TWO CASES OF 40508(A) VC (FAILURE TO
APPEAR). ON 9-20-89, EXACTLY ONE MONTH AFTER THE
PRESENT OFFENSE, HE WAS CONVICTED IN THE BEVERLY
HILLS MUNICIPAL COURT OF 40508(A) VC, 22450 VC
(FAILURE TO STOP AT A STOP SIGN) AND 129S1A VC
(NLIP).

PERSONAL  HISTORY:

SOURCES OF INFORMATION
DEFENDANT

SUBSTANCE ABUSE:
No record, indication, or admission of alcohol or controlled
substance abuse.

Occasional social or experimentation use of acknowledged.

X See below: Indication/admission of significant substance abuse
problem.

Referred to Narcotic Evaluator
NO

Narcotic Evaluator's report attached

DEFENDANT STATES HE GOT DRUNK ON ALCOHOL EIGHT
TO TEN TIMES AT HIGH SCHOOL PARTIES. HE SMOKED
MARIJUANA FOR THE FIRST TIME IN JULY, 1988. HE DID
NOT USE IT AGAIN UNTIL AFTER THE PRESENT OFFENSE,
AND USED IT ANOTHER FOUR OR FIVE TIMES.
DEFENDANT IS CURRENTLY ON DAILY DOSAGES OF
INDERAL, XANAX AND PAMELOR FOR DEPRESSION AND
ANXIETY.

PHYSICAL/MENTAL/EMOTIONAL HEALTH:

No indication or claim of significant physical / mental / emotional
health problem.

X See below:  Indication / claim of significant physical / mental /
emotional health problem.

RESIDENCE

TYPE RESIDENCE
APT

LENGTH OF OCCUPANCY
4 MONTHS

RENT
$1,750

RESIDES WITH/RELATIONSHIP
NOEL NEDLI
FRIEND

RESIDENTIAL STABILITY LAST FIVE YEARS
GOOD

CAME TO STATE/FROM
AUGUST, 1986
PRINCETON, NEW JERSEY

CAME TO COUNTY/FROM
SAME

DEFENDANT'S LAST RESIDENCE WAS APARTMENT 633-C
AT THE MARINA CITY CLUB IN MARINA DEL REY. PRIOR
TO THIS, FOLLOWING THE PRESENT OFFENSE, HE LIVED
WITH VARIOUS FRIENDS OR WITH HIS GRANDMOTHER AT
THE BEVERLY HILLS HOME WHERE THE FAMILY HAD
LIVED SINCE SEPTEMBER, 1988. THEY PREVIOUSLY LIVED
IN CALABASAS AFTER MOVING TO CALIFORNIA. HIS
FATHER, JOSE ENRIQUE MENENDEZ, WAS EMPLOYED BY
LIVE ENTERTAINMENT COMPANY IN VAN NUYS, A VIDEO
DISTRIBUTION COMPANY. HIS MOTHER, MARY LOUISE
"KITTY" (ANDERSEN) MENENDEZ, WAS NOT EMPLOYED
OUTSIDE OF THE HOME AFTER THE DEFENDANTS WERE
BORN.


MARRIAGE/PARENTHOOD
MARITAL STATUS
SINGLE

FORMAL EDUCATION:
HE GRADUATED FROM BEVERLY HILLS HIGH SCHOOL IN
JUNE, 1989. HE STATES HE RAN FOR SENIOR CLASS
PRESIDENT BUT LOST. HE WAS ON THE SCHOOL TENNIS
TEAM, AND WAS RANKED SEVENTH IN THE STATE. HE
WAS ENROLLED AT U.C.L.A. FOR THE FALL, 1989,
SEMESTER BUT NEVER WENT.

EMPLOYMENT STATUS
UNEMPLOYED

EMPLOYER/ADDRESS PHONE
NONE

REFERRED TO WORK FURLOUGH
NO

EMPLOYER AWARE OF PRESENT OFFENSE
N/A

OCCUPATION
NONE

PERIOD OF EMPLOYMENT
NONE

GROSS MONTHLY WAGE
N/A

EMPLOYMENT STABILITY LAST 5 YEARS
N/A

TYPES OF PREVIOUS EMPLOYMENT
NONE

FINANCIAL STATUS
INCOME STABILITY
POOR

NET MONTHLY INCOME
NONE

PRIMARY INCOME SOURCES
FAMILY

SECONDARY INCOME SOURCE(S)
UNKNOWN

EST. TOTAL ASSETS
NONE

EST. TOTAL LIABILITIES
NONE

DEFENDANT STATEMENT:

WHEN HE WAS SIX YEARS OLD, HIS FATHER BEGAN TO
MOLEST  HIM MAKING DEFENDANT "MASSAGE" AND
ORALLY COPULATE HIM. WHEN HE WAS 12, HE BEGAN TO
ENGAGE IN SODOMY. DURING THE SUMMER OF 1983, HE
RAN AWAY FROM HOME. HIS FATHER BROUGHT HIM
BACK HOME AND THREATENED HIM STATING, "YOU'LL
NEVER BE ABLE TO GET AWAY FROM ME." AFTER THEY
MOVED TO CALIFORNIA IN 1986, THE CHILD ABUSE
STOPPED FOR AWHILE. HOWEVER, A WEEK BEFORE HE
TURNED 16 (NOVEMBER, 1986), FATHER ENTERED HIS
ROOM, ORDERED DEFENDANT TO GET ON HIS KNEES AND
ORALLY COPULATE HIM. THIS CONTINUED TO OCCUR
EVERY ONE TO THREE MONTHS UNTIL AUGUST 10, 1989,
TEN DAYS BEFORE THE PRESENT OFFENSE. DEFENDANT
WAS TO START AT U.C.L.A. IN THE FALL SEMESTER AND
WAS GOING TO BE LIVING IN A CAMPUS DORM.
HOWEVER, ABOUT A WEEK BEFORE THE PRESENT
OFFENSE, FATHER TOLD DEFENDANT THAT HE WOULD BE
COMING HOME SEVERAL NIGHTS A WEEK SO FATHER
COULD GO OVER HIS HOMEWORK. THIS UPSET
DEFENDANT BECAUSE HE WAS LOOKING FORWARD TO
GETTING AWAY FROM FATHER, AND THIS WOULD GIVE
FATHER CONTINUING OPPORTUNITIES TO ABUSE HIM.
HE TOLD LYLE WHAT FATHER WAS DOING AND "LYLE
GOT ANGRY WITH ME." LYLE LATER  CONFRONTED
FATHER WHO, IN TURN, GOT UPSET WITH DEFENDANT
FOR TELLING LYLE. FATHER BELIEVED LYLE WAS GOING
TO TELL THE AUTHORITIES WHAT HE WAS DOING AND HE
WAS NOT GOING TO ALLOW THAT TO HAPPEN. LYLE
THOUGHT THEY SHOULD RUN AWAY, BUT DEFENDANT
SAID, "NO. WHERE WOULD WE GO? FATHER WOULD FIND
US ANYWAY." THEY DECIDED THEY NEED TO GET SOME
HANDGUNS FOR PROTECTION. THEY GOT IN LYLE'S CAR
AND DROVE TOWARD SAN DIEGO. THEY GOT AS FAR AS
LA JOLLA WHERE THEY WENT INTO A GUN STORE.
HOWEVER, THEY WERE TOLD THEY WOULD HAVE TO
WAIT 15 DAYS BEFORE PURCHASING A HANDGUN. THEY
THEN WENT TO A NEARBY "BIG 5" SPORTING GOODS
STORE AND USED AN IDENTIFICATION CARD BELONGING
TO ONE OF LYLE'S FRIENDS TO PURCHASE TWO 12-
GAUGE SHOTGUNS. THE NEXT DAY, THEY BOUGHT SOME
BUCK SHOT AT A STORE IN LOS ANGELES. THE TENSION
IN THE FAMILY WAS VERY HIGH AND THEY WERE
CONVINCED THAT FATHER WAS GOING TO DO
SOMETHING SOON TO SILENCE THEM. HOWEVER, ON
SATURDAY, AUGUST 19, 1989, THEY ALL WENT ON A
SHARK FISHING TRIP. DEFENDANT THOUGHT THIS WAS
ODD BECAUSE THEY SHOULD INSTEAD STAY HOME AND
WORK OUT THEIR PROBLEMS. ABOUT MIDNIGHT,
FATHER CAME UP TO HIS BEDROOM AND ORDERED
DEFENDANT TO UNLOCK THE DOOR. DEFENDANT
DECIDED HE WAS NOT GOING TO HAVE SEX WITH HIM
AGAIN. FATHER HAD A VIOLENT TEMPER, BUT
DEFENDANT JUST SAT ON HIS BED WITH THE SHOTGUN
ON HIS  LAP. FATHER FINALLY WENT AWAY STATING HE
'WOULD HAVE TO COME OUT SOMETIME. HE NEVER
THOUGHT OF GOING OUTSIDE FOR HELP; HE NEVER
THOUGHT OF GOING TO HIS AUNT'S; HE NEVER SAT
DOWN AND THOUGHT THOUGH THE SITUATION. "IWISH I
HAD RUN AWAY, BUT IT WAS DRILLED INTO ME TO
NEVER GO OUTSIDE OF THE FAMILY (FOR HELP)."
MOTHER SAID SHE KNEW WHAT WAS HAPPENING
BETWEEN DEFENDANT AND FATHER. DEFENDANT THEN
SAW HER AS THIS HORRIBLE WOMAN WHO CONSPIRED
WITH HIS FATHER.

"I DON'T WANT ANYONE TO THINK THAT THE HORROR OF
WHAT WE DID (HAS NOT AFFECTED US)." I WANT PEOPLE
TO UNDERSTAND HOW MUCH I WISH WE COULD GO
BACK AND CHANGE WHAT HAPPENED... FROM THE  VERY
FIRST NIGHT, I REALIZED THE HORROR OF WHAT
HAPPENED AND WHAT A MISTAKE WAS MADE." HE DID
DIFFERENT THINGS TO TRY TO RELIEVE THE PAIN. "I WAS
TRYING TO LIVE THE LIFE THAT MY FATHER WOULD
WANT. THE NEXT SIX MONTHS WERE "THE WORST SIX
MONTHS OF MY LIFE. HIS ARREST WAS A RELIEF. THEY
HAVE BOTH GONE TO THEIR PARENTS GRAVES TO TALK
TO THEM ABOUT WHAT  HAPPENED. IF HE COULD ONLY
HAVE BEEN ABLE TO TALK TO HIS MOTHER BEFORE, THIS
ALL MIGHT HAVE BEEN ABLE TO BE AVOIDED. A COUPLE
DAYS AFTER THE MURDERS, HE WAS SHOCKED TO FIND
OUT THAT MOTHER HAD BEEN TAPE RECORDING HIS
TELEPHONE CALLS. IF HE HAD KNOWN THIS, HE WOULD
HAVE BEEN ABLE TO TALK TO HER INDIRECTLY THOUGH
THE TELEPHONE. HE SEES A PSYCHIATRIST EVERY WEEK
IN JAIL. HOWEVER, "I DON'T THINK I COULD HAVE MADE
IT HERE WITHOUT LYLE."

INTERESTED PARTIES:

LES ZOELLER, DETECTIVE, BEVERLY HILLS POLICE
DEPARTMENT (310) 285-2145, PROVIDED PART OF THE
INFORMATION FOR THE PRESENT OFFENSE SECTION OF
THIS REPORT. HE ADDED THAT THE DEFENDANTS LIED TO
THEM FROM THE VERY BEGINNING. THE VICTIMS' BODY
TISSUE AND BLOOD WERE ALL OVER THE WALLS AND
CEILING. DR. OZIEL TESTIFIED THAT CERTAIN REMARKS
WERE MADE BY THE DEFENDANTS.

HE BELIEVES THAT THE DEPARTMENT OF CORRECTIONS
SHOULD BE CONCERNED ABOUT HAVING THE
DEFENDANTS TOGETHER IN PRISON.

ATTACHED ARE NUMEROUS LETTERS FROM RELATIVES,
FRIENDS AND FORMER JURORS OF THE DEFENDANTS.
THEY SPEAK OVERWHELMINGLY IN SUPPORT OF THE
DEFENDANTS AND REQUEST THAT THE DEFENDANTS BE
ALLOWED TO SERVE THEIR PRISON TERMS TOGETHER IN
THE SAME INSTITUTION. INCLUDED ARE LETTERS FROM
THE FOLLOWING:

FR. KEN DEASY, PASTOR OF ST. AGATHA CATHOLIC
CHURCH IN LOS ANGELES WHO COUNSELED BRIEFLY
WITH THE DEFENDANTS BEFORE THE
MURDERS AND EXTENSIVELY SINCE.

ANDREA CAPLAN OF LOS ANGELES, A FRIEND OF LYLE.

ANNA ERIKSSON OF LOS ANGELES, LYLE'S FIANCEE.

TRACY A. MILLER OF BURBANK, A JUROR IN THE
DEFENDANT'S FIRST TRIAL.

SANDRA ROBINSON SHARP OF LAWRENCEVILLE, NEW
JERSEY, A FORMER HIGH SCHOOL TEACHER OF BOTH
LYLE AND ERIK.

BETTY BURKE OF CANYON COUNTRY, AN ALTERNATE
JUROR IN DEFENDANT'S FIRST TRIAL.

JUDY KAPLAN-ZAMOS OF WOODLAND HILLS, A JUROR IN
THE CO-DEFENDANT'S FIRST TRIAL.

DR. BARBARA ZUSSMAN OF STUDIO CITY WHO WAS
ERIK'S ENGLISH TEACHER AT BEVERLY HILL HIGH
SCHOOL.

JUDY GOLDSTEIN, MOTION PICTURE PRODUCER AT
APPLEDOWN FILMS IN BEVERLY HILLS.

ANN H. TYLER, Ph.D., LICENSED PSYCHOLOGIST,
WRITES, "...I HAVE A LOT OF CONCERN REGARDING THE
KIND OF PRISON THEY WILL BE SENT TO... SURELY ERIC
(SIC) CAN BE SENT TO A PRISON THAT WILL ENABLE HIM
TO LIVE SAFELY WITHOUT FEAR OF AGAIN BEING
SEXUALLY AND     PHYSICALLY AND PSYCHOLOGICALLY
ABUSED... NOT MANY PEOPLE UNDERSTAND THAT
PATRICIDE IS A CRIME THAT REALLY CAN NOT BE
COMPARED TO ANY OTHER VIOLENT ACTS... ERIC'S
PERCEPTION OF HIS FATHER AND MOTHER WAS THAT
THEY WERE BIGGER THAN LIFE AND MORE POWERFUL
THAN ANY HIGHER POWER..."

JOHN P. WILSON, Ph.D., CLINICAL PSYCHOLOGIST IN
CLEVELAND HEIGHTS, OHIO, AND DIRECTOR OF THE
CENTER FOR STRESS AND TRAUMA, WRITES, "...ERIK
HAS BEGUN TO DEVELOP INSIGHT AND
UNDERSTANDING ABOUT HIS PSYCHOPATHOLOGY. HE
HAS RESPONDED WELL TO ANTI-DEPRESSANT
MEDICATION AND HAS GOOD VERBAL SKILLS FOR
PSYCHOTHERAPY. NEVERTHELESS, HE CLEARLY IS IN
NEED OF FURTHER TREATMENT AT THIS TIME. HE IS NOT
PRONE TO VIOLENCE AND GENERALLY TRIES TO OVER-
CONTROL HIS EMOTIONS AND- SYMPTOMS. I BELIEVE
THAT THE OPPORTUNITY TO MAINTAIN CONTACT WITH
HIS BROTHER LYLE WOULD BE
BENEFICIAL TO HIS MENTAL HEALTH..."

DENZIL J. KLIPPEL, PRESIDENT AND CEO OF INVESTOR
SERVICES CONSULTING GROUP IN STATEN ISLAND, NEW
YORK.

ANN WOLBERT BURGESS OF WEST NEWTON,
MASSACHUSETTS, A  PSYCHIATRIC NURSE.

MARY V. WILLIAMS OF OXNARD, CALIFORNIA, FORMER
HEAD OF PRINCETON DAY SCHOOL IN PRINCETON, NEW
JERSEY.

NORMAN PULS OF WOODLAND HILLS, A FORMER MATH
AND SCIENCE TUTOR FOR ERIK.

FAITH GOLDSMITH OF FREEHOLD, NEW JERSEY.

STEPHEN B. GOLDBERG, ATTORNEY IN REDONDO BEACH
WHO HANDLED THE PROBATE OF THE VICTIM'S ESTATE,
WRITES, "...IN DISCUSSING THE EVENTS THAT
ULTIMATELY RESULTED IN THE KILLING OF HIS
PARENTS,  I SAW IN ERIK NOTHING BUT PAIN, REMORSE
AND SHAME FOR WHAT  HE HAD DONE... WHILE I
CONDEMN WHAT THEY HAVE DONE, I DO NOT BELIEVE
THAT LWOP IS TOO LENIENT A SENTENCE, SUCH THAT IT
NEEDS TO BE IMPOSED IN THE MOST PAINFUL WAY
AVAILABLE..." REGARDING LYLE, HE WRITES, "...HE HAS
A WAY OF PUTTING PEOPLE AT EASE, EVEN IN WHAT
MIGHT OTHERWISE BE CONFRONTIVE SITUATIONS. HE IS
FUNNY WITHOUT BEING MEAN, AND IS WILLING TO
LAUGH AT HIMSELF. WITH HIS  STRONG BUT PLEASANT
PERSONALITY, COMBINED WITH HIS INTELLIGENCE, HE
HAS THE ABILITY TO HELP OTHERS ACCOMPLISH THEIR
GOALS. PROPERLY PLACED, THIS STRENGTH SHOULD
ALLOW HIM TO BE AN ASSET IN THE RIGHT
INSTITUTION... THE DECISION AS TO WHERE LYLE WILL
SERVE HIS
SENTENCE, BOTH AS TO THE CHOICE OF FACILITY, AND
AS TO WHETHER OR NOT LYLE AND ERIK WILL BE
TOGETHER, IS CRITICAL... PLACED TOGETHER,  I BELIEVE
THAT THEY CAN CONTINUE THE HEALING PROCESS THAT
EACH HAS BEGUN..."

HARRY HADERIS, II, OF BEVERLY HILLS.

ANDREW PIERCE, ATTORNEY IN ATLANTA, GEORGIA.

WILLIAM VICARY, J.D., M.D., FORENSIC PSYCHIATRIST IN
LOS ANGELES, WHO HAS BEEN TREATING ERIK IN JAIL
SINCE JUNE, 1990, WRITES THAT ERIK WAS INITIALLY SO
DEPRESSED THAT HE HAD  PSYCHOTIC-LIKE SYMPTOMS
AND HAD TO BE TREATED WITH LARGE DOSES OF
TRANQUILIZING AND ANTIDEPRESSANT MEDICATIONS.
HOWEVER, HIS SYMPTOMS SUBSTANTIALLY IMPROVED
AND HIS MENTAL CONDITION IS NOW RELATIVELY
STABLE. BUT HE CONTINUES TO SUFFER FROM
MODERATE DEPRESSION AND IS BEING TREATED WITH
150 mg. OF PAMELOR DAILY. HE ALSO RECEIVES INDERAL
AND XANEX FOR ANXIETY.

STUART N. HART, Ph.D., PSYCHOLOGIST, IS PROFESSOR
OF COUNSELING AND EDUCATIONAL PSYCHOLOGY AT
INDIANA UNIVERSITY AND PURDUE UNIVERSITY IN
INDIANAPOLIS, INDIANA, ALSO IN PRIVATE PRACTICE,
SPECIALIZING IN CHILD AND ADOLESCENT
DEVELOPMENT AND PARTICULARLY IN PSYCHOLOGICAL
EXPERIENCES AND THEIR IMPACT, WRITES, "IT IS MY
PROFESSIONAL JUDGMENT THAT (A) ERIK AND LYLE
WORKED HARD THROUGHOUT THEIR LIVES TO PLEASE
THEIR PARENTS AND MEET THEIR  EXTREMELY
DEMANDING REQUIREMENTS; AND (B) THEY WERE
SEVERELY PSYCHOLOGICALLY MALTREATED
THROUGHOUT MOST OF THEIR LIVES AND, AS A RESULT,
WHEN THEY KILLED THEIR PARENTS THEY WERE
IMMATURE, FEARFUL, DEPENDENT, BELIEVED
THEMSELVES ISOLATED FROM HELP, AND THEY WERE
SERIOUSLY LIMITED IN THEIR ABILITY TO DEAL WITH
PERCEIVED THREATS  AND SOLVE THE PROBLEMS THEY
FACED. MY STUDY OF THEIR LIVES DID NOT SUPPORT
THE CONCLUSION THAT THEY KILLED THEIR PARENTS
BECAUSE OF GREED OR HATE... I DO NOT BELIEVE THAT
LYLE OR ERIK REPRESENT A DANGER TO ANYONE BUT,
RATHER, THAT THEY EACH COULD BE ENDANGERED BY
PLACEMENT IN THE PROXIMITY OF VIOLENT
CRIMINALS... THE NOTORIETY THEY HAVE RECEIVED,
THEIR YOUTHFUL GOOD LOOKS, MISIMPRESSIONS THAT
THEY WERE SPOILED BRATS, AND PUBLIC EXPOSURE OF
ALLEGATIONS THAT THEY WERE SEXUALLY ABUSED
WILL MAKE THEM PRIME TARGETS FOR PHYSICAL
AGGRESSION, CRUELTY, AND SEXUAL ATTACK FROM
PRISON INMATES ... OVER THE LAST FEW YEARS, THE
VAST MAJORITY OF THE DEFENDANTS' EXTENDED
FAMILY, "HAVE RALLIED AROUND THEM PROVIDING
ESSENTIAL SUPPORT AND MEANING IN THEIR LIVES..."
DR. HART HAS ALREADY SET IN MOTION STEPS BY
WHICH THE DEFENDANTS MAY ENROLL IN INDIANA
UNIVERSITY'S CORRESPONDENCE PROGRAMS. HE WILL
HELP THEM, "... DEVELOP COMPETENCIES AND
INTERESTS IN WAYS WHICH WILL HELP THEM REDEEM
THEMSELVES AND SERVE OTHERS. I STRONGLY
RECOMMEND THAT LYLE AND ERIK BE PLACED IN THE
SAME INSTITUTION AND THAT IT BE ONE WHICH WILL
PROVIDE SUPPORT FOR THEIR THERAPEUTIC AND
EDUCATIONAL NEED, AND FOR THEIR DESIRE TO BE OF
USE TO OTHERS..."

JANET S. STOLTZFUS OF PRINCETON, NEW JERSEY, A
FORMER SCHOOL TEACHER OF ERIK AT PRINCETON DAY
SCHOOL.

ANAMARIA BARALT OF MIAMI BEACH, FLORIDA, THE
DEFENDANT'S COUSIN, WRITES THAT THE DEFENDANTS
ARE TWO OF THE MOST GIFTED PEOPLE SHE HAS EVER
KNOWN. "...THEY HAVE SO MUCH TO OFFER TO     THE
WORLD, IT WOULD BE A SHAME TO SEE IT GO WASTED..."
LYLE WAS DEPICTED AS A "HEARTLESS, CRUEL TYRANT,"
A "MONSTER." HOWEVER, HE IS, "...THE MOST LOYAL
PERSON I'VE EVER MET... SENSITIVE TO A FLAW... HE IS
KIND AND GENEROUS... I NEVER FELT SAFER THAN
WHEN I WAS WITH LYLE BECAUSE I KNEW HE WOULD DO
ANYTHING TO PROTECT ME, OR  ANYONE ELSE THAT HE
LOVED... BUT LYLE'S STRONGEST TIE IS WITH HIS
BROTHER, ERIK, FOR WHOM HE WOULD DO ANYTHING..."
THEIR MOST OUTSTANDING TRAIT IS "THEIR FIERCE
ATTACHMENT AND LOYALTY TO EACH OTHER. THEY'RE
MORE THAN JUST BROTHERS, THEY'RE BEST FRIENDS.
THEY NEED EACH OTHER IN SO MANY WAYS, THEY
ALWAYS HAVE. I HOPE YOU'LL UNDERSTAND THEIR
NEED TO BE TOGETHER. EQUALLY IMPRESSIVE IS THE
SUPPORT THEY'VE RECEIVED FROM OUR FAMILY AND
WILL CONTINUE TO IN THE FUTURE. PLEASE TAKE INTO
CONSIDERATION THE REST OF US AS THEIR  FAMILY AND
OUR NEEDS TO HAVE THEM IN THE SAME PLACE TO VISIT.
THE FAMILY HASN'T CUT THEM OFF BECAUSE OF WHAT
HAS HAPPENED... MANY OF US WILL WANT TO VISIT
THEM IN THE FUTURE, BUT SINCE ALMOST EVERYONE IN
THE FAMILY LIVES OUTSIDE OF THE STATE OF
CALIFORNIA, IT IS IMPORTANT TO US THAT THEY (BE)
CLOSE TOGETHER..."

JOHN C. BURNETT OF PRINCETON, NEW JERSEY, A
FORMER CLASSMATE AND "BEST FRIEND" OF ERIK
WRITES THAT ERIK, "...HAS NEVER COME ACROSS TO ME
(AS) A 'SPOILED BRAT' AS THE MEDIA WOULD HAVE (HIM)
PORTRAYED AS, BUT RATHER A MAN WITH A BIG HEART
WHO'S (SIC) BIGGEST FAULT WAS THAT HE FELT THAT
HE COULD NEVER LIVE UP TO THE EXPECTATIONS THAT
WERE PLACED UPON HIM FROM THE TIME HE WAS
BORN."

JOAN VANDER MOLEN OF PAYSON, ARIZONA, THE
DEFENDANT'S MATERNAL AUNT WRITES THAT SHE IS
CONCERNED FOR THE SAFETY OF HER NEPHEWS. "...
THEY ARE WORTHWHILE PEOPLE WHO, IF ALLOWED,
WILL MAKE A CONTRIBUTION WITH THEIR LIVES. THEY
ARE NOT THE MEAN-SPIRITED YOUNG MEN THEY HAVE
BEEN PORTRAYED TO BE AND IN SPITE OF THEIR SIX
YEARS OF INCARCERATION, ARE STILL NAIVE ABOUT THE
WORLD THEY ARE ABOUT TO ENTER."

ADDITIONAL LETTERS MAY BE ATTACHED THAT WERE
RECEIVED AFTER THE PREPARATION OF THIS REPORT. IN
ADDITION, PERSONAL CONTACT WAS MADE WITH THE
FOLLOWING PEOPLE.

JUDY GOLDSTEIN, FILM PRODUCER AT APPLEDOWN
FILMS IN BEVERLY HILLS, STATES SHE HAS KNOWN THE
DEFENDANTS FOR THE LAST TWO AND ONE-HALF YEARS,
BUT HAS PRIMARILY BEEN INVOLVED WITH LYLE. SHE
HOPES THEY ARE KEPT TOGETHER IN PRISON. THEY
HAVE AN INCREDIBLE BOND AND THEY FEAR BEING
SEPARATED. "I HAVE A GREAT CONCERN FOR THEM
GOING INTO THE PRISON SYSTEM. THESE ARE NORMAL,
SOFT GUYS ... I WONDER HOW THEY WILL COPE WHEN
THEY COME UP AGAINST SOME OF THOSE  GUYS (IN
PRISON)... THEY HAVE NO CAPACITY TOWARD
VIOLENCE... (THE PRESENT OFFENSE) IS BEYOND
TRAGIC."

TERESITA (TERRY) BARALT, THE DEFENDANT'S
PATERNAL AUNT, IN PRINCETON JUNCTION, NEW
JERSEY, STATES, "I'M DEVASTATED BY WHAT HAS
HAPPENED... IT WAS A TRAGEDY..." THE DEFENDANTS
ARE NOT BAD KIDS. "IT WAS A HORRENDOUS MOMENT AT
A HORRENDOUS TIME IN THEIR LIVES." THE WORLD SEES
THEM AS CRIMINALS, BUT SHE HAS SEEN THEM BOTH
COME A LONG WAY. ERIK HAS BECOME A GREAT HUMAN
BEING WITH A LOT TO OFFER THE WORLD. PLEASE DO
NOT SEPARATE THEM. THEY ARE ALL THEY HAVE LEFT.
THEY ARE NOT A MENACE TO SOCIETY.

MARIA MENENDEZ, THE DEFENDANT'S PATERNAL
GRANDMOTHER, STATES THE DEFENDANTS WERE VERY
NICE CHILDREN. SHE DOES NOT UNDERSTAND WHAT
HAPPENED.

MARTA MENENDEZ-CANO, THE DEFENDANT'S PATERNAL
AUNT IN NORTH PALM BEACH, FLORIDA, STATES SHE
HAS GRADUALLY COME TO REALIZE THE LYING AND
DECEIT THAT WAS FOSTERED BY THE VICTIMS IN THEIR
FAMILY. THE DEFENDANTS FEARED THEIR FATHER.
WHEN ERIK WAS 12, HE WAS BEATEN BY HIS FATHER
FOR SUSPICION OF TELLING LYLE ABOUT THE SEXUAL
ABUSE THAT WAS GOING ON BETWEEN HIM AND HIS
FATHER. THE SECRECY THAT IS TYPICAL IN SEXUAL
ABUSE CASES WAS EVIDENCED BY THE  ANGER JOSE
WOULD SHOW IF ANYONE CAME TO THEIR HOUSE
UNEXPECTEDLY. ERIK WAS NOT ALLOWED TO CALL, OR
RECEIVE CALLS FROM HIS COUSIN, ANDY (HER SON).
WHEN LYLE WAS 17, HE WAS ALLOWED TO LIVE IN A
COTTAGE AT THE REAR OF THE FAMILY'S PROPERTY IN
PRINCETON. AT THE TIME, MARTA THOUGHT THIS WAS
UNSAFE AND UNWISE FOR LYLE. HOWEVER, SHE NOW
BELIEVES THIS WAS DONE SO LYLE COULD NOT SEE OR
HEAR WHAT WAS TAKING PLACE BETWEEN ERIK AND
THEIR FATHER. IF ERIK GOT SICK AT SCHOOL, HE WOULD
BEG HIS TEACHERS NOT TO CALL HIS PARENTS. IF HE
STAYED HOME SICK, HIS MOTHER WOULD PUT HIM IN
THE CLOSET AND MAKE HIM STAY THERE FROM 8:00 A.M.
TO 3:00 P.M. HE WOULD BE PUNISHED GREATER IF HE
CAME OUT OF THE CLOSET WITHOUT PERMISSION. ANDY
IS THE ONLY ONE WHO KNEW WHAT WAS HAPPENING TO
ERIK. ONE TIME, JOSE SAT ERIK AND ANDY DOWN IN THE
DEN TO SHOW THEM AN "EDUCATIONAL VIDEO. THE
VIDEO TURNED OUT TO BE HARD CORE PORNOGRAPHY.
AFTER THE    MURDERS, THEY FOUND A STACK OF
PORNOGRAPHIC VIDEOS IN THE DEN WHERE THE
MURDERS TOOK PLACE. JOSE WAS A VERY
PSYCHOLOGICALLY STRONG PERSON. THERE IS NO WAY
THE DEFENDANTS COULD RUN AWAY FROM HIM. HE WAS
SICK. "KITTY" ALSO HAD A NEUROTIC PERSONALITY.
YOU NEVER KNEW  WHAT TO EXPECT FROM HER. SHE
ATTEMPTED SUICIDE TWICE, BUT NO ONE ELSE KNEW
ABOUT IT. ALSO, NO ONE KNEW JOSE HAD A GIRLFRIEND
FOR SIX YEARS. THE FAMILY HAD EVERYTHING, BUT
THEY WERE ALWAYS SO SAD ERIK TOLD HER THAT
COUNTY JAIL IS BETTER THAN IT WAS IN HIS HOME. HE
SAID ANDY WAS LUCKY BECAUSE HE HAD A LOCK ON
HIS BEDROOM DOOR. SHE BELIEVES JOSE COULD NOT
STOP WHAT HE WAS DOING TO ERIK EVEN THOUGH HE
KNEW HE WAS DESTROYING THE FAMILY.
NEVERTHELESS, WHAT THE DEFENDANTS DID WAS
WRONG. THEY DESERVE TO BE PUNISHED, BUT NOT
WITH LIFE IN PRISON. TWENTY YEARS ON A
MANSLAUGHTER CONVICTION WOULD BE MORE
APPROPRIATE. NO ONE CAN EVER PUNISH THEM FOR
WHAT THEY HAVE INSIDE. THEY SHOULD ALSO HAVE
MANDATORY PSYCHOTHERAPY. HOWEVER, THEY ARE
NOT A MENACE TO SOCIETY AND THEY NEED TO BE KEPT
TOGETHER.

DIANE VANDER MOLEN, THE DEFENDANTS COUSIN IN
MESA, ARIZONA, STATES HER AUNT "KITTY" WAS HER
MENTOR IN LIFE. "I ADORED HER." HOWEVER, DIANE
NOTICED A HUGE CHANGE IN KITTY'S BEHAVIOR.
WHEN ERIK WAS ABOUT ELEVEN YEARS OLD, SHE SAW
HIM SOBBING ABOUT SOMETHING. WHEN SHE WENT TO
COMFORT HIM, KITTY PHYSICALLY STOPPED HER AND
SAID, "WE DON'T HUG ERIK ANYMORE." WHAT ERIK AND
LYLE DID     WAS WRONG, BUT KNOWING WHAT THE
VICTIMS WERE LIKE, SHE CAN UNDERSTAND HOW THIS
COULD HAPPEN. THE DEFENDANTS HAD AN
OVERWHELMING DESIRE TO BE ACCEPTED BY THEIR
PARENTS. BUT DIANE NEVER HEARD JOSE AND KITTY
EXPRESS LOVE TO THEM. IN FACT, KITTY TOLD HER,
"YOU DON'T WANT TO HAVE KIDS. THEY ONLY DRIVE A
WEDGE BETWEEN A MAN AND HIS WIFE."

LESLIE H. ABRAMSON, THE DEFENDANT'S ATTORNEY,
WRITES IN THE ATTACHED LETTER THAT THE
DEFENDANT HAS BEEN CONSIDERED A MODEL INMATE IN
JAIL BY THE DEPUTY SHERIFFS WHO HAVE BEEN
INVOLVED WITH HIM. "ERIK HAS THE KIND OF
PERSONALITY AND ATTITUDE THAT GUARANTEES HIS
COOPERATION AND COMPLIANCE WITH DIRECTIONS...
LYLE AND ERIK ARE EXTREMELY CLOSE AND
SUPPORTIVE OF EACH OTHER... GIVEN THEIR LIFE TERMS
WITHOUT POSSIBILITY OF PAROLE IT WOULD BE
UNNECESSARILY CRUEL TO SEPARATE THEM NOW.
MOREOVER, KEEPING THEM TOGETHER WOULD PROVIDE
THE BEST PROTECTION FOR EACH OF THEM ... OUR
SECOND CONCERN IS THAT THEY BE SAFE FROM ATTACK
BY OTHER INMATES..."  SHE WRITES THAT THE REPORTS
OF THEIR BEING MOLESTED BY THEIR FATHER AND THE
UNTRUE REPORTS THAT THE DEFENDANT IS A
HOMOSEXUAL MAKE THEM LIKELY TARGETS FOR
ASSAULT IN PRISON. THIRDLY, SHE REQUESTS THAT THE
DEFENDANT CONTINUE TO RECEIVE PSYCHIATRIC
TREATMENT FOR POST TRAUMATIC STRESS DISORDER
AND DEPRESSION AS HE HAS FOR THE LAST SIX YEARS.
FOURTHLY, SHE REQUESTS THAT THE DEFENDANTS,
"...BE CONFINED IN AN INSTITUTION THAT WILL ALLOW
THEM TO PURSUE THEIR EDUCATIONAL GOALS... ERIK
HAS INDICATED HIS INTEREST IN OBTAINING A Ph.D. IN
PSYCHOLOGY... THEIR SIX YEAR INCARCERATION HAS
BEEN TOUGH AND THEIR SENTENCE TOTALLY
DISPROPORTIONATE TO THEIR TRUE CULPABILITY. THEY,
HOWEVER, ARE NOT TOUGH AT ALL. NOR ARE THEY
BITTER OR DEFEATED. THEIR DESIRE IS TO FIND A WAY
TO HAVE A MEANINGFUL LIFE IN SPITE OF
EVERYTHING... THE MENENDEZ BROTHERS ARE THE
LEAST DANGEROUS, THE LEAST ASOCIAL, THE LEAST
MEAN SPIRITED, THE LEAST NARCISSISTIC AND THE
MOST TALENTED AND PROMISING OF VIRTUALLY ALL MY
OTHER CLIENTS...ANYTHING THAT CAN BE DONE FOR
THEM THAT WILL LESSEN TO ANY DEGREE THE LIFETIME
OF SUFFERING THAT THEY MUST ENDURE WILL BE A
BLESSING."


BRIAN ANDERSEN, DEFENDANT'S MATERNAL UNCLE, IN
CHICAGO, ILLINOIS, STATES THE DEFENDANTS WERE
MOVING TOWARD A LIFE OF CRIME ANYWAY, BOTH IN
SCHOOL AND THE COMMUNITY. THEY WERE IN A
BURGLARY RING IN CALABASAS AND WERE "ROBBING"
HOMES. THE STORY OF THE MOLESTATIONS WAS
ABSOLUTELY MADE UP. THE STORY OF PARENTAL ABUSE
WAS CONJURED UP. "I VIEW THE ABUSE DEFENSE
AS ONE OF THE BIGGEST LIES TO BE TOLD TO THE
AMERICAN PEOPLE... THE DEFENDANTS WERE BROUGHT
UP BY THEIR FATHER TO WORK WITHIN AND
WITHOUT THE "SYSTEM" AS LONG AS IT SERVED THEIR
PURPOSES. HE THINKS THAT JOSE INTENDED TO
DEMONSTRATE AN AGGRESSIVE APPROACH TO THE
SYSTEM. HOWEVER, LYLE INTERPRETED THIS TO MEAN
THAT LIFE DID NOT HAVE ANY PARAMETERS AT ALL AND
HE DEVELOPED AN SOCIOPATHIC MENTALITY. HE COULD
LIE HIS WAY OUT OF ANY PROBLEM. HE WILL BE A
PROBLEM IN THE PENAL SYSTEM, TESTING LIMITS
WHEREVER HE IS PLACED. ERIK, HOWEVER, DOES NOT
SHARE THE SAME AGGRESSIVE SOCIOPATHIC
MENTALITY. IF HE IS SEPARATED FROM LYLE, HE WILL
FIND A WAY TO CONTRIBUTE TO THE SOCIETY HE IS IN.
BUT IF THE TWO ARE KEPT  TOGETHER, HE WILL BE
CORRUPTED BY LYLE. MR. ANDERSEN FEELS THE
DEFENDANTS COMMITTED THE PRESENT OFFENSE FOR A
VARIETY OF REASONS. JOSE WAS A DOMINANT FORCE; A
CONTROL FREAK. LYLE WANTED TO DO WHAT HE
WANTED TO DO, BUT JOSE DID EVERYTHING HE COULD
TO INHIBIT LYLE'S EXTRANEOUS ACTIVITY. LYLE
RESENTED THIS AND INTERPRETED THIS CONTROL AS
DEMEANING AND BELITTLING; HIS EGO COULD NOT DEAL
WITH THIS AND HE WANTED TO ELIMINATE JOSE'S
CONTROL OVER HIS LIFE. KITTY, MR. ANDERSEN'S
SISTER, WAS MUCH EASIER TO MANEUVER AROUND.
HOWEVER, HER AGREEMENT WITH JOSE'S PRINCIPLES
WAS A PROBLEM TO THE   DEFENDANTS. THEY HAD TO
ELIMINATE JOSE'S CONTROL OVER THEM. BUT  TO BE
FINANCIALLY FREE, KITTY ALSO HAD TO BE ELIMINATED.
HER DEATH WAS ONLY FOR GREED - TO INHERIT ALL THE
MONEY.

EVALUATION:

THE PRESENT OFFENSE APPEARS TO BE THE
DEFENDANT'S ONLY INVOLVEMENT IN ANY AGGRESSIVE
OR VIOLENT BEHAVIOR. HE FULLY ADMITS HIS
PARTICIPATION IN THIS MATTER AND STATES HE
REALIZES WHAT A TERRIBLE MISTAKE HE MADE AND
REGRETS WHAT HE DID. MUCH HAS BEEN SAID ABOUT
HIS AFFLUENT LIFESTYLE AND THE ABUSE HE RECEIVED
FROM HIS FATHER. THEORIES HAVE BEEN MADE OF HIS
THIRST FOR MONEY AND HIS EXTRAVAGANT LIFESTYLE
IN THE SIX MONTHS BETWEEN THE MURDERS AND HIS
ARREST. IT IS CLEAR THAT HE COMMITTED A
HORRENDOUS ACT OF VIOLENCE AGAINST THE PEOPLE
TO WHOM HE OWED HIS LIFE AND HIS LIFESTYLE.
HOWEVER, TO THE PEOPLE WHO KNOW AND LOVE HIM
MOST, IT WAS A HORRENDOUS TIME OF HIS LIFE. HE WAS
AN INTELLIGENT, TALENTED AND HEALTHY YOUNG
MAN, BUT HE WAS KEPT UNDER CLOSE WRAPS BY HIS
PARENTS WHO APPARENTLY DID NOT TRUST HIM. HIS
MOTHER REPORTEDLY TAPE RECORDED HIS TELEPHONE
CALLS AND HIS FATHER KEPT PORNOGRAPHIC VIDEOS IN
THE FAMILY DEN WHICH HE USED TO "EDUCATE" HIS
CHILDREN AND OTHERS. CERTAINLY, NONE OF THE
ABOVE, EVEN THE ALLEGED SEXUAL ABUSE, IS WORTHY
OF DEATH. HOWEVER, SOMETHING CONVINCED THIS
MAN, WHO WAS JUST ENTERING MANHOOD, THAT SUCH
VIOLENCE WAS NECESSARY. SINCE THE INCIDENT, THE
PSYCHOLOGICAL, EMOTIONAL, AND PHYSICAL
PRESSURE AFFECTED HIM SO GREATLY THAT HE SOUGHT
HELP BY CONFIDING IN SEVERAL FRIENDS AND A
PSYCHIATRIST. THIS, THEN, LED TO HIS ARREST, WHICH
HE STATES WAS A RELIEF. THE SIX YEARS THAT HAVE
FOLLOWED HAVE BEEN FILLED WITH PSYCHIATRIC AND
SPIRITUAL COUNSELING, ESTABLISHING NEW, AND
MAINTAINING ESTABLISHED FRIENDSHIPS, AND, MORE
IMPORTANTLY,
THE LOVE AND ACCEPTANCE OF MANY OF HIS RELATIVES
WHO WERE ALSO EFFECTED AND HURT GREATLY BY
WHAT HE DID. HE IS NOW FACING A LIFE OF
IMPRISONMENT, AND RIGHTLY SO. IT IS SUGGESTED,
HOWEVER, THAT THE COURT AND DEPARTMENT OF
CORRECTIONS GIVE CONSIDERATION TO PLACING HIM IN
AN INSTITUTION THAT WILL ALLOW HIM TO REMAIN
CLOSE TO HIS BROTHER, NOT ONLY FOR HIS SAKE BUT
FOR RELATIVES, TO PARTICIPATE IN THE FURTHERANCE
OF HIS EDUCATIONAL GOALS AND TO CONTINUE HIS
THERAPY. THIS YOUNG MAN HAS GROWN AND MATURED
IN THE LAST SIX-PLUS YEARS. HE IS NOT CONSIDERED A
THREAT TO HIMSELF OR OTHERS, AND IS EXPECTED TO
BECOME AN ASSET TO ANY INSTITUTION IN WHICH HE IS
PLACED.

SENTENCING CONSIDERATIONS:

THE DEFENDANT IS NOT ELIGIBLE FOR PROBATION
PURSUANT TO 1203.075(A)(1) PC.

AGGRAVATING FACTORS:
NONE.

MITIGATING FACTORS:
NONE.

FURTHERMORE, THE DEFENDANT IS INELIGIBLE FOR
PROBATION PURSUANT TO 1203(E)(2) PENAL CODE
UNLESS THE COURT DETERMINES THIS IS AN UNUSUAL
CASE.

AS THIS IS AN INDETERMINATE SENTENCING MATTER,
FACTORS OF AGGRAVATION AND MITIGATION ARE
IRRELEVANT.

RECOMMENDATION:

IT IS RECOMMENDED THAT PROBATION BE DENIED AND
THAT THE DEFENDANT BE SENTENCED AS PRESCRIBED
BY LAW.

RESPECTFULLY SUBMITTED,

BARRY J. NIDORF
PROBATION OFFICER

/S/ Gary McMillen, Deputy
East San Fernando Valley Area Office
(805)252-3965


READ AND APPROVED:
/s/ DENNIS S. BARRON, SDPO
(818) 374-2023


IF PROBATION IS GRANTED, IT IS RECOMMENDED THAT
THE COURT DETERMINE DEFENDANT'S ABILITY TO PAY
COST OF PROBATION SERVICES PURSUANT TO SECTION
1203.1B PENAL CODE. COST OF PRESENTENCE
INVESTIGATION AND PRESENTENCE REPORT - $442. COST
OF SUPERVISION - $32 PER MONTH.

IF PROBATION IS GRANTED, THE DEFENDANT HAS BEEN
INSTRUCTED TO REPORT TO THE SAN FERNANDO VALLEY
AREA OFFICE LOCATED AT 14414 DELANO STREET, VAN
NUYS, CA. 91401.

Copyright 1996 by American Lawyer Media, L.P. All Rights Reserved. No parts of this site may be reproduced without permission of American Lawyer Media. Nothing in this site is intended to constitute legal advice.
 
Comprenhensive case coverage
 
©2002 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy Guidelines

Small Court TV Logo