Judge denies Menendez mistrial
Lead lawyer takes the Fifth in misconduct probe
April 5, 1996
Web posted at: 9:40 p.m. EST
LOS ANGELES (CNN) -- Erik and Lyle Menendez were denied an appeal for a mistrial in their penalty hearing Friday by Superior Court Judge Stanley Weisberg. He rejected the argument that both brothers would suffer the consequences of Erik Menendez's potentially inadequate representation by lawyer Leslie Abramson.
Weisberg said that Erik still had "conflict-free" counsel from his other lawyer, co-counsel Barry Levin.
Attorneys for both brothers were disappointed by the rulings. Levin called the continuation of the penalty hearing "a death march."
The mistrial was called by lawyers for Erik and Lyle Thursday, after Dr. William Vicary testified that Abramson had prompted him to alter notes from therapy sessions with Erik.
Abramson, one of Erik Menendez' lawyers, invoked the Fifth twice Friday afternoon during a hearing to determine whether she asked a witness in the Menendez brothers' murder trial to alter his notes.
Dr. William Vicary testified in court Thursday that he had altered notes made during therapy sessions with Erik at the request of Erik's attorney, Leslie Abramson. According to Vicary, Abramson told him to rewrite a page of notes he took while examining Menendez a week before the killings, and to delete a statement she felt was damaging to her client. Vicary said he did so.
In the deleted statement, Menendez allegedly commented on what it would be like to live without his parents -- a remark that could be interpreted as indicating premeditation.
The doctor's testimony prompted attorneys for both Erik and Lyle Menendez to move for a mistrial in the penalty phase of the trial.
In a Friday afternoon hearing, Abramson took the stand and was questioned by the prosecution. She was asked if she gave the prosecution an altered version of the notes in December of 1993, and why she asked Vicary to alter them. Abramson, who was represented by her own lawyer in the hearing, refused to answer either question and invoked the Fifth Amendment.
Abramson had claimed Thursday that she gave prosecutors a copy of Vicary's notes before the changes were made. However, prosecutor David Conn told the court that the only set of notes he received directly from the defense was altered. He said he didn't notice the difference until about two months ago, when he saw an unaltered set Abramson gave prosecution expert Dr. Park Dietz, apparently by mistake.
Had Weisberg ruled in favor of the defense and granted a mistrial, only the penalty phase, which began eight days ago, would have to be restarted.
On another matter, the judge ruled a videotape taken just 11 days before the murders can be shown in court next week by prosecutors. The tape shows Erik and his parents and an uncle following a tennis match. The judge says the tape will show a different demeanor by Kitty Menendez than the one presented by the defense. The defense has maintained that Kitty was unaffectionate to Erik and she never came to Erik's defense when his father picked on him.
The Menendez brothers were found guilty of first-degree murder March 20 in the 1989 killing of their parents, Jose and Kitty Menendez.
Related stories:
- Menendez brothers face possible death penalty
- Deliberations resume in Menendez trial
- Two Menendez jurors replaced; deliberations start over
- Fifth day of jury deliberations in Menendez retrial
- Jury asks to hear Menendez testimony again
- Jury continues deliberations in Menendez case
- Menendez murder case goes to jury
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