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Lyle Menendez's probation report
The probation report for Lyle Menendez. Judge Stanley Weisberg ordered Lyle and his brother Erik 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)
JOSEPH LYLE MENENDEZ
ADDRESS (PRESENT)
LOS ANGELES COUNTY JAIL
AGE
28
BIRTHDATE
1/10/68
SEX
M
RACE
W, WHITE
CITIZENSHIP STATUS
U.S. BORN
DAYS IN JAIL THIS CASE
ESTIMATED
2,377
CUSTODY STATUS/RELEASE DATE
JAIL (NO BAIL)
DRIVER'S LICENSE/EXP DATE
C6891287 - SUSP.
COURT
NW-N
JUDGE
WEISBERG
COURT CASE NO.
BA068880
HEARING DATE
07/02196
DEFENSE ATTY
GESSLER/TOWERY
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
03/09/90
TIME
1125
BOOKED AS
JOSEPH LYLE MENENDEZ
OFFENSE
187 PC
LOCATION OF ARREST
UNKNOWN
ARRESTING AGENCY
BEVERLY HILLS PD
CO-DEFENDANT(S)
ERIK GALEN 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 DEFENDANT STOLE AN
IDENTIFICATION CARD FROM HIS ROOMMATE AT
COLLEGE. ON AUGUST 18, 1989, THE DEFENDANTS DROVE
TO SAN DIEGO COUNTY WHERE THE CO-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
DEFENDANT'S CAR WHERE THE CO-DEFENDANT
RETRIEVED ONE OR TWO SHELLS OF BIRDSHOT. HE GAVE
THE SHELL TO THE 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 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:
"LYLE"
JUVENILE HISTORY:
INFORMATION IS NOT AVAILABLE THROUGH PROBATION
DEPARTMENT INQUIRY FIVE YEARS AFTER JUVENILE
PROBATION ACTIVITY IS TERMINATED. RECORDS
CONTAIN NO INFORMATION, AND DEFENDANT ADMITS
NO RECORD.
ADULT HISTORY:
DEFENDANT STATES HE HAS NO OTHER ARRESTS.
HOWEVER, HE HAS A POOR DRIVING RECORD AND "A
WHOLE LOT OF SPEEDING TICKETS." DMV RECORDS IN
CALIFORNIA AND NEW JERSEY SHOW SPEEDING
CONVICTIONS IN BOTH STATES IN 1987 AS WELL AS IN
ALABAMA, AND A TRAFFIC ACCIDENT IN CANOGA PARK
IN JULY, 1988. AT THE TIME OF HIS ARREST, HE HAD
THREE OUTSTANDING TRAFFIC WARRANTS IN BEVERLY
HILLS, MALIBU AND LOS ANGELES MUNICIPAL COURTS.
THEY WERE ALL CLEARED SHORTLY AFTER HIS ARREST.
HE ADMITS HE WAS INVOLVED IN THE CO-DEFENDANT'S
SECOND RESIDENTIAL BURGLARY IN JULY, 1988, BUT HE
WAS NEVER ARRESTED. WHAT THEY DID WAS VERY
STUPID. HE DOES NOT HAVE A GOOD EXPLANATION
EXCEPT POSSIBLY EXTREME BOREDOM AT THE TIME. HE
DOES NOT KNOW WHAT THEY WERE GOING TO DO WITH
THE PROPERTY THEY TOOK. THEY TOOK IT ALL BACK
AND THEIR FATHER PAID RESTITUTION TO THE VICTIM.
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
Additional information
DEFENDANT ADMITS DRINKING WINE COOLERS AT
PARTIES EVERY WEEKEND. HE HAS NEVER BEEN
INVOLVED WITH CONTROLLED SUBSTANCES.
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.
Additional information
HE BROKE HIS CLAVICLE PLAYING SOCCER WHEN HE
WAS 11, AND HIS COCCYX PLAYING HOCKEY WHEN HE
WAS 15. HE HAD A HERNIA OPERATION WHEN HE WAS 7,
POSSIBLY CAUSED BY BEING HIT BY HIS FATHER.
RESIDENCE
TYPE RESIDENCE
HOUSE
LENGTH OF OCCUPANCY
3 MONTHS
RENT
NONE
RESIDES WITH/RELATIONSHIP
TERRY BARALT
AUNT
RESIDENTIAL STABILITY LAST FIVE YEARS
GOOD
CAME TO STATE/FROM
SUMMER, 1987
NEW JERSEY
CAME TO COUNTY/FROM
SAME
Additional Information
DEFENDANT LIVED WITH HIS AUNT IN CRANBURY, NEW
JERSEY, FROM THE TIME OF THE MURDERS UNTIL
NOVEMBER, 1989, WHEN HE MOVED INTO AN APARTMENT
WITH HIS GIRLFRIEND IN THE MARINA CITY CLUB IN
MARINA DEL REY. HE LIVED THERE UNTIL DECEMBER,
1989, WHEN HE MOVED BACK WITH HIS AUNT. HE
REMAINED THERE UNTIL HIS ARREST. HE ONLY LIVED IN
THE BEVERLY HILLS HOME FROM JUNE TO AUGUST, 1989,
BECAUSE HE WAS AWAY AT SCHOOL.
MARRIAGE/PARENTHOOD
MARITAL STATUS
SINGLE
Additional Information
DEFENDANT STATES HIS CURRENT GIRLFRIEND IS ANNA
ERIKSSON, AGE 30. THEY MET AFTER HIS ARREST. HE
THINKS HE GOT A FORMER GIRLFRIEND PREGNANT IN
THE SPRING OF 1989. HE WAS GOING MARRY HER, BUT
HIS FATHER ORDERED AND FINANCED AN ABORTION.
FORMAL EDUCATION:
HE GRADUATED FROM PRINCETON DAY SCHOOL IN 1986.
HE ATTENDED TRENTON STATE COLLEGE THE FALL, 1986,
SEMESTER AND THEN LEFT TO GO ON A TENNIS TOUR TO
AUSTRALIA. IN THE FALL OF 1987, HE ENTERED
PRINCETON UNIVERSITY AS A BEGINNING FRESHMAN.
HE WAS SUSPENDED FOR ONE YEAR AT THE END OF THE
FALL SEMESTER BECAUSE OF PLAGIARISM. HE
RETURNED TO PRINCETON IN THE SPRING OF 1989, AND
COMPLETED THAT SEMESTER TAKING GENERAL
COURSES.
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
PIZZA DELIVERY; NEWSPAPER DEL.; WAITER; SHORT-
ORDER COOK
FINANCIAL STATUS
INCOME STABILITY
POOR
NET MONTHLY INCOME
NONE
PRIMARY INCOME SOURCES
RELATIVES
SECONDARY INCOME SOURCE(S)
UNKNOWN
EST. TOTAL ASSETS
NONE
EST. TOTAL LIABILITIES
NONE
Additonal information
HE WAS GOING TO WORK IN HIS FATHER'S BUSINESS
WHEN HE GRADUATED FROM COLLEGE. HE HAD HIS
OWN CREDIT CARD AND ATM CARD WAS ABLE TO WRITE
CHECKS ON HIS PARENT'S CHECKING ACCOUNT. HE
STATES HE SPENT A LOT OF HIS PARENT'S MONEY.
DEFENDANT STATEMENT:
ADDITIONAL RELEVANT PERSONAL HISTORY:
DEFENDANT STATES HE STARTED PLAYING TENNIS
WHEN HE WAS FIVE YEARS OLD. HE PLAYED THROUGH
HIGH SCHOOL AND COLLEGE. HE HAD THE BEST RECORD
IN NEW JERSEY IN HIGH SCHOOL. HE PLAYED PRO
TENNIS SEVERAL TIMES. HE ALSO PLAYED SOCCER AS A
CHILD. HE MADE THE NATIONAL ALL-STAR TEAM AND
PLAYED IN GIANT'S STADIUM DURING HALF TIME OF A
PROFESSIONAL SOCCER GAME.
DEFENDANT'S STATEMENT:
HE WAS MOLESTED BY HIS FATHER AS A CHILD. IT
STOPPED WHEN HE WAS 8 YEARS OLD, BUT HE
CONTINUED TO SEE VIOLENCE UNTIL HE WAS 11 OR 12.
HIS MOTHER WAS ALSO THE VICTIM OF VIOLENCE BY HIS
FATHER, BUT NOTHING WAS EVER REPORTED TO THE
POLICE. HOWEVER, HE HAS NOT BEEN PUNCHED BY
FATHER SINCE HE WAS 16. WHEN HE WAS 13, HE
CONFRONTED FATHER ABOUT THE CHILD ABUSE OF CO-
DEFENDANT ERIK. HE FELT GOOD ABOUT THE
CONFRONTATION AND THOUGHT THE ABUSE HAD
STOPPED. WHEN HE CAME HOME FROM PRINCETON IN
JUNE, 1989, HE LIVED IN THE GUEST HOUSE AND LATER
DISCOVERED THAT HIS PHONE CALLS HAD BEEN TAPED
BY HIS MOTHER. HE CONFRONTED FATHER AGAIN
ABOUT WHAT HE WAS DOING TO ERIK AND FATHER
THREATENED HIM. DEFENDANT FELT FATHER WAS
GOING TO KILL THEM IF THEY TOLD ABOUT THE ABUSE.
FATHER DID NOT HAVE TREMENDOUS MORAL FIBER. HE
WOULD RATHER FIGHT THE CHARGES OF MURDERING
HIS SONS THAN THE CHARGE OF CHILD MOLESTING.
HIS RELATIONSHIP WITH HIS MOTHER WAS A DISASTER.
HE TRIED TO TALK TO HER, BUT SHE SAID ERIK WAS
LYING OR EXAGGERATING. HE THEN REALIZED SHE WAS
NOT GOING TO INTERVENE. HE WANTED TO LEAVE, BUT
ERIK WAS NOT READY EMOTIONALLY TO LEAVE. FATHER
"HAD OUR LIVES UNDER HIS CONTROL... LEAVING WAS A
BIG THING." DEFENDANT DID NOT WANT TO LEAVE
WITH ERIK STILL THERE. "I DIDN'T WANT TO LEAVE HIM
ALONE." ERIK CAME TO HIM A COUPLE DAYS BEFORE THE
MURDERS AND WAS SUICIDAL. FATHER WAS A
POWERFUL AND PROMINENT MAN AND HE WAS NOT
GOING TO BE RUINED BY HIS OWN SONS. HE WAS
CAPABLE OF TAKING EXTREME STEPS. THE THURSDAY
BEFORE THE MURDERS, THEY DECIDED TO GET SOME
HANDGUNS. HOWEVER, HE WAS SHOCKED WHEN TOLD
THEY WOULD HAVE TO WAIT TWO WEEKS TO GET THE
GUNS. HE DID NOT FEEL THEY COULD WAIT TWO WEEKS.
"WE WERE IN A CRISIS." FATHER FALSELY BELIEVED
DEFENDANT INTENDED TO EXPOSE HIM. THEY PLANNED
TO STAY AT THE HOUSE, AND GUNS WOULD GIVE THEM
SOME PROTECTION AT NIGHT WHEN THEY WERE MOST
VULNERABLE. THEY DROVE TOWARD SAN DIEGO AND
ENDED UP BUYING SHOTGUNS AT A BIG FIVE STORE.
THEY USED THE IDENTIFICATION CARD OF HIS
ROOMMATE AT PRINCETON THAT ERIK WAS USING TO
GET INTO NIGHT CLUBS, TO PURCHASE THE GUNS AND
SHELLS. THEY WERE SUPPOSED TO GO SHARK FISHING
ON SATURDAY MORNING (AUGUST 19). HOWEVER,
MOTHER TOLD THEM IT WAS POSTPONED UNTIL THE
AFTERNOON. THEY THOUGHT THIS WAS ODD AND
THOUGHT FATHER MAY BE INTENDING TO USE THEM AS
SHARK BAIT. THERE WAS A LOT OF TENSION DURING
THE FISHING TRIP. HE TRIED TO TALK TO MOTHER, BUT
SHE SAID, "NO ONE HAD HELPED HER, SO WHY SHOULD
SHE HELP US." BY SUNDAY, "THERE WAS NO MORE
FAMILY." HE WAS WAITING FOR ERIK TO COME HOME SO
THEY COULD GO TO THE MOVIES. BUT MOTHER SAID HE
COULD NOT GO TO THE MOVIES. THIS WAS VERY
UNUSUAL. WHEN ASKED WHY, SHE COULD NOT GIVE A
REASON. HE FELT FATHER WAS KEEPING HIM HOME FOR
SOME REASON. HE GOT INTO ANOTHER ARGUMENT WITH
FATHER. "I FELT SOMETHING WAS GOING TO HAPPEN."
HE RAN UPSTAIRS TO TALK TO ERIK; THEY WERE
CONVINCED THEIR PARENTS WERE GOING TO KILL THEM
THAT NIGHT. "WE BASICALLY MADE PANICKED
DECISIONS." DEFENDANT RAN TO THE GUEST HOUSE TO
GET HIS GUN AND THEN TO HIS CAR TO GET THE SHELLS.
"I WAS SO PRIMED FOR A SHOOT-OUT, THIS IS WHAT I
THOUGHT WOULD OCCUR" AND ENTERED THE DEN
FIRING. THE DEN WAS DARK BUT THE TELEVISION WAS
ON. HE FIRED VERY HAPHAZARDLY AND FIRED ALL HIS
AMMUNITION. IT WAS ALL OVER IN ABOUT TEN
SECONDS. THEY RAN OUT AND GOT MORE
SHELLS. DEFENDANT WENT BACK AND SHOT HIS
MOTHER IN THE FACE. "I WAS PANICKED - NOT
THINKING VERY CLEARLY." THEY THEN WAITED,
EXPECTING THE POLICE TO ARRIVE MOMENTARILY.
HOWEVER, ALTHOUGH THEIR NEIGHBORS HEARD THE
GUNSHOTS, NO ONE CALLED THE POLICE. THEY PICKED
UP THE EMPTY SHOTGUN SHELLS AND THEN JUST LEFT.
THEY TRIED TO GET INTO THE MOVIES, BUT IT WAS TOO
LATE. THEY WENT UP TO MULHOLLAND DRIVE AND
"DITCHED" THE GUNS AND BLOODY CLOTHES. THEY
THEN WENT HOME AND CALLED THE POLICE. AT THE
POLICE STATION, ERIK WENT IN FIRST TO TALK TO THE
DETECTIVE. HE WAITED FOR ERIK TO COME OUT TO SEE
WHETHER HE CONFESSED. IF SO, DEFENDANT WOULD
ALSO CONFESS. HOWEVER, ERIK SIGNALED TO HIM THAT
EVERYTHING WAS OKAY. THE DETECTIVE WAS EASY ON
HIM AND LET HIM "OFF THE HOOK." THEY SPENT THE
REST OF THE NIGHT AT HIS TENNIS COACH'S HOUSE IN
BRENTWOOD AND TOOK A TAXI HOME IN THE MORNING.
THE HOUSE AND HIS CAR WERE ALL INSIDE THE POLICE
CRIME SCENE TAPE, BUT THEY GOT INTO THE CAR AND
REMOVED THE GUN WRAPPINGS AND OTHER EVIDENCE.
AT THE TIME OF HIS ARREST, HE WAS LIVING WITH HIS
AUNT IN NEW JERSEY. HE HAD COME TO LQS ANGELES
TO DRIVE HIS CAR BACK EAST. HE HAD BEEN STAYING IN
THE BEVERLY HILLS HOME ABOUT A WEEK WHEN HE
WAS ARRESTED DRIVING AWAY FROM THE HOUSE.
HE NOW BELIEVES THAT HIS PARENTS WERE NOT GOING
TO KILL THEM - AT LEAST NOT THEN. HE REGRETS WHAT
HE DID, NOT ONLY TO HIS PARENTS, BUT TO HIS
RELATIVES AND THEMSELVES. HE HAS VISITED HIS
PARENTS GRAVES IN NEW JERSEY AND TALKED TO
THEM. "I HAVE MADE PEACE WITH MOM AND DAD." HE NO
LONGER FEELS THEIR ANGER.
AEOUT THREE MONTHS AFTER HIS ARREST, HE WAS
FANTASIZING ABOUT ESCAPING FROM JAIL, AS ALL
INMATES DO. THE SHERIFFS FOUND HIS MUSINGS AND
NOTES AND ACCUSED HIM OF TRYING TO ESCAPE.
HOWEVER, THERE WAS NEVER ANY REAL PLAN
FORMULATED.
INTERESTED PARTIES:
LES ZOELLER, DETECTIVE, EEVERLY 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' EODY
TISSUE AND BLOOD WERE ALL OVER THE WALLS AND
CEILINGS. 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 ERIK'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 ERIK'S FIRST TRIAL.
JUDY KAPLAN-ZAMOS OF WOODLAND HILLS, A JUROR IN
LYLE'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:
UNLIKE HIS YOUNGER BROTHER, ERIK, THE DEFENDANT
WAS ALLOWED A MEASURE OF FREEDOM AND TRUST BY
HIS PARENTS, THE VICTIMS, HOWEVER, HE ALSO WAS
REPORTEDLY VICTIMIZED BY HIS FATHER AS A CHILD,
BOTH SEXUALLY AND PHYSICALLY. MUCH HAS BEEN
SAID ABOUT HIS AFFLUENT LIFESTYLE AS A YOUNG
MAN, HIS THIRST FOR MONEY AND HIS EXTRAVAGANT
LIFESTYLE FOLLOWING THE MURDERS OF HIS PARENTS.
HOWEVER, THE COURT CANNOT IGNORE THE
OVERWHELMING SUPPORT OF HIS RELATIVES WHO WERE
ALSO DEEPLY HURT AND EFFECTED BY THIS VIOLENT
ACT. HE HAS FULLY ADMITTED HIS INVOLVEMENT AND
RESPONSIBILITY IN THIS MATTER. HOWEVER, IN THE
WORDS OF ONE OF HIS AUNTS, "IT WAS A HORRENDOUS
MOMENT AT A HORRENDOUS TIME IN THEIR LIVES."
DEFENDANT HAS NO OTHER HISTORY OF VIOLENT OR
AGGRESSIVE BEHAVIOR, BEFORE OR SINCE THOSE
FATEFUL SECONDS. HE WAS A YOUNG 21-YEAR--OLD
MAN, INTELLIGENT, TALENTED, GOOD-LOOKING, NO
DOUBT OVER-INDULGED, AND LOOKING FORWARD TO
BECOMING A PART OF HIS FATHER'S BUSINESS UPON HIS
GRADUATION. HE HAD ACCESS TO CREDIT CARDS AND
THE FAMILY'S BANK ACCOUNT. AS THE OLDER
BROTHER, HE SHOULD HAVE HAD AN INFLUENCE ON THE
CO-DEFENDANT. HOWEVER, SOMETHING CONVINCED
HIM THAT HE NEEDED TO ARM HIMSELF AND COMMIT
SUCH A TREMENDOUS ACT OF VIOLENCE.
IN THE SIX YEARS SINCE HIS ARREST, HE HAS GAINED
THE SUPPORT OF HIS RELATIVES WHO WERE INITIALLY
INCENSED BY WHAT THEY SAW ONLY AS AN ACT OF
GREED AND HATE. HE HAS ALSO MAINTAINED OLD AND
ESTABLISHED NEW RELATIONSHIPS. HE IS EXPECTED TO
SPEND THE REST OF HIS LIFE IN PRISON, 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, AND TO PARTICIPATE IN THE
FURTHERANCE OF HIS EDUCATIONAL GOALS. HE IS NOT
CONSIDERED AN ESCAPE THREAT OR A DANGER 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.
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