Developments in the retrial of Lyle and Erik Menendez from March 4 - March 8, 1996.
MARCH 4
The jury deliberated for its first full day without reaching a verdict in the retrial of Lyle and Erik Menendez. So far, the jury has deliberated for nine hours -- three on Friday and six on Monday.
The jury must reach verdicts on three counts for each brother: two counts of murder and one count of conspiracy to commit murder. Also, there are two special circumstances -- lying in wait and multiple murder.
If the jury finds the brothers guilty of first-degree murder, it will have to decide the special circumstances of lying in wait -- whether the murders were committed after a period of waiting and watching for an advantageous moment to take the victims by surprise. In other words, an ambush.
If the jury convicts either brother of first-degree murder on one count and at least second-degree murder on another count, then multiple murder automatically applies.
If one or both special circumstances are found for either or both brothers, the jury will have to return for a penalty phase to determine whether to recommend a sentence of life in prison without parole, or death. Defense attorneys estimate a penalty phase would take two to three months, during which they would call about 40 witnesses.
MARCH 5
The jury deliberated for six hours without reaching a verdict.
MARCH 6
After nearly 21 hours of deliberations, the jury still has not reached a verdict in the retrial of Lyle and Erik Menendez.
On Wednesday, the jurors asked for a readback of the following parts of Erik's testimony:
@ Erik's testimony about his activities from the Thursday night before the August 20, 1989 shootings, when Jose Menendez allegedly assaulted him and threatened his life, and the following day, when he and his brother went to San Diego to buy shotguns.
@ Erik's testimony regarding his alleged attempt to buy handguns at a Santa Monica sporting goods store before going to San Diego for the shotguns. Erik testified that he and Lyle tried to buy handguns for protection from their parents because handguns are easier to conceal. But prosecutors contend that Erik lied because the store where he said he tried to buy the weapons had stopped selling handguns two years earlier.
@ Erik's testimony regarding where he got the money to buy the shotguns. Erik said he kept some cash in his Peter Rabbit book.
Outside court, prosecutor David Conn said he though the readback selections suggested the jury was thinking about the elements of premeditation and not abuse and fear. Defense attorneys declined to speculate on the jury's activities.
"I don't read tea leaves," said Leslie Abramson.
MARCH 7
The jury did not meet because a juror was ill.
MARCH 8
The jury did not meet because a juror was ill.
