CA - Court upholds Menendez brothers' convictions

[Noirdame79]

Menendez Reunited

Brothers and victims of parental abuse Erik and Lyle Menendez to be rightly reunited in prison after 22 years apart



Last autumn’s Law & Order True Crime: The Menendez Murders brought renewed interest in the case of Erik and Lyle Menendez, two brothers jailed for life without parole in 1996 for the murder of their parents despite compelling evidence of their having been subject to appalling abuse by the very people meant to protect them.



Yesterday, after 22 years of incarceration without sight of one another, it was announced that the brothers would finally be placed in the same jail “shortly.”



Of this positive news for a duo who undoubtedly received far too harsh a sentence, Hazel Thornton, a juror at the first trial of Erik Menendez and the author of Hung Jury: The Diary of a Menendez Juror, exclusively told The Steeple Times:



“Erik and Lyle were never a danger to anyone besides the parents who terrorised them all their lives. Sending them to separate prisons without even the privilege of speaking to one another for 22 years was just plain cruelty. There are lots of brothers in prison together. I am delighted that they will be reunited. For anyone who’s counting, they’ve now been incarcerated for 28 years. But miracles do happen!”



Elsewhere on Facebook on Wednesday, Lyle Menendez himself commented:



“I would like to wish everyone a Happy Valentines’ Day. I adore my wife today more than I ever have after so many years together. She has been with me throughout this long journey and will be as we embark on a new one.”



“As most of you know, my brother and I have been separated for almost 22 years – captured so tragically on Law & Order. We have been working for the past 6 years to get the Corrections Department to place us together. I have requested to be transferred to San Diego to be with Erik. It has been a long torturous ordeal but never did I feel hopeless.”



“I am very grateful to announce that on Monday the request was finally granted. Erik and I will be reunited in the very near future. We will keep you posted!”



“I would like to thank the huge number of people across the country who felt strongly that my brother and I should be together and took the time to pray for that result and wish us well.”


http://thesteepletimes.com/the-fog/menendez-reunited/

 

[Noirdame79]

Excerpt from ESCAPING A LIFE OF ABUSE: CHILDREN WHO KILL THEIR BATTERERS AND
THE PROPER ROLE OF “BATTERED CHILD SYNDROME” IN THEIR DEFENSE by Julie Rowe

Although it is usually highly publicized, parricide is “the rarest form of intra-family homicide,” accounting for only two percent of all homicides annually.12 Sons killing one or both parents account for approximately 90% of all parricides,
and the least frequent form of parricide involves daughters killing their mothers.13

When a child commits parricide, he or she usually commits the murder in a seemingly cold and calculating manner.14 The child frequently kills in a nonconfrontational situation when the parent is sleeping, watching TV, or looking
away.15 Parricide is rarely committed when the child is in the midst of a violent confrontation with the parent.16 Absent a crime scene involving a violent struggle or confrontation, prosecutors seek first-degree murder for these offenders.
Society may initially judge parricide offenders as wayward youths, depraved and devoid of morals or conscience. On
the contrary, children who commit parricide usually do so in response to years of extreme physical or psychological abuse.17

In recent estimations, 90% of all parricides are committed by children who have suffered abuse at the hands of their parents
over a long period of time.18 In some cases, a child feels he or she must act because of fear that his or her own death is imminent.19

Many children believe that killing one or both parents is the only way to stop the abuse and free themselves from a life
lived in constant fear.

Characteristics of the Victims (a.k.a. the Abusers)

Parents who severely abuse their children and are consequently murdered by their children may not be distinguishable
from other parents.21 They are generally hard-working without any criminal history, yet they may tend to have intimidating
or controlling personalities.22 The type of parent who is killed by his or her child “doesn’t care about reforming the
child’s behavior – instead he is addicted to his power over the child and the pleasure derived from exercising it.”23 Many
times, a parent such as this will couple physical abuse with severe psychological abuse. The parent may accomplish this by
rejecting, isolating, exploiting, or berating the child.24 This type of verbal abuse is usually accompanied by severe domination,
and the child may be “controlled so strictly that the parental restraint amounts to virtual imprisonment.”25

In reality, parents kill their children by abuse or neglect ten times as often as children kill their parents.26 In
California, 133 children died from child abuse or neglect in 2001.27 Nationally, in 2003, 1,500 children were killed by their
parents, and 78.7% of those children were under three years old.28 Clearly, child abuse is a serious problem in the United
States, causing a large number of deaths annually. Yet when children fight back against the abuse, after failed attempts to
receive help from relatives or social services, they are ushered into the court system as the worst kind of criminals.

Most children who commit parricide have been physically harmed for extended amounts of time and are frequently
psychologically damaged as well. Dr. C. Henry Kempe introduced the term “Battered Child Syndrome” in a 1962 study to
describe “a clinical condition in young children who have received serious physical abuse, generally from a parent or foster
parent.” Battered Child Syndrome was primarily used to prosecute child abusers, and courts began to allow expert medical
testimony regarding Battered Child Syndrome to prove that a child had been physically
abused over long periods of time. Yet there are many psychological and emotional elements of Battered Child Syndrome that have not yet gained proper recognition in the social work arena or the court system. Unless social workers, attorneys, and courts take notice of the severe psychological trauma resulting from a lifetime of abuse, the true root of parricide will
remain unexposed and these children’s acts of desperation will be seen as nothing more than random, heartless violence.

Helplessness and Self-Blame

The average parricide offender does not have a reputation of violence or aggression.34 On the contrary, he or she is
usually intelligent, compliant, respectful of adults, and polite.35 While some prefer to be alone and isolate themselves, many
appear to pose no threat to society.36 Underneath the docile and somewhat fragile façade, however, are the emotional scars of
abuse.37 “Prolonged exposure to severe and unpredictable abuse results in feelings of powerlessness, embarrassment, constant
fear, self-blame, depression, isolation, low self-esteem, and fear of reprisal by the abuser on themselves or other family members.”38 Instead of responding aggressively, battered children learn to adapt to their environment and cope with the parent’s
actions by avoiding situations that trigger abuse or devising techniques to endure the abuse.39 Often, battered children do not trust others with information about the abuse.40 Many times, the child’s parent will threaten him or her with death or serious injury if he or she reports the abuse to anyone.41 Sometimes, when a child does seek help, he or she fails to receive adequate support from relatives, schools, or social agencies.42 Social agencies are often reluctant to investigate allegations of child abuse if the child
cannot show immediate signs of physical harm, such as bruises or welts.43 Also, many hold to the belief that what occurs inside
a family’s home is private and should not be questioned or interfered with by those on the outside.44 Whatever the reason for
their inaction, adults and social agencies should be aware that one of the main factors that lead a child to commit parricide is
the feeling of helplessness that results from a lack of outside support or help.45 In fact, when adults know about the abuse
and do nothing, the child may naturally infer that all adults condone the abusive behavior.46 This only adds to the child’s sense
of helplessness.47

An abused child also harbors feelings of self-blame.48 Because of the nature of the parent-child relationship, children
naturally bond with and connect to their parents regardless of how they are treated.49 Even if the parent is abusive, he or she
is still the primary caretaker of the child, and the child depends on the parent for his or her emotional, physical, and financial
needs.50 Extended periods of abuse can disfigure a child’s sense of self, causing him or her to blame himself for the abuse and
seek to please the parent even more.51 Feelings of helplessness and self-blame can build, leading the child to believe that there
is no alternative but to murder the parent.52

Psychological Effects

Two important psychological conditions or disorders characterize a child suffering from Battered Child Syndrome: hypervigilance and Post-Traumatic Stress Disorder (PTSD).53 Both are important to consider if the child seeks to claim self-defense at his or her trial for murder. A hyper-vigilant child is one who is “acutely aware of his or her environment and who remains on the alert for any signs of danger.”54 They look for clues in their parent’s behavior and mannerisms and learn to
judge when the parent is in a pre-aggressing state or when the threat of violence is imminent.55 Therefore, they are constantly
monitoring the situation in order to predict violence and impending abuse.56 After this type of monitoring becomes routine,
the child will learn to react to certain stimuli that might accompany certain threats, actions, or looks from the parent.57
An understanding of hyper-vigilance aids a trier of fact in a murder trial because it illustrates why a child may feel that
abuse is imminent when, in fact, the parent is not yet inflicting violence.58 In an abusive relationship, threats of imminent danger
manifest in subtle cues and are not easily perceived by others.59 Therefore, an abused child might sense impending violence
and react by killing the parent in a non-confrontational situation, when the child knows he or she will be successful and
not suffer immediate harm.60

PTSD is similar to hyper-vigilance but is defined as “an anxiety-related disorder which occurs in response to traumatic
events outside the normal range of human experience.”61 A child with PTSD will likely suffer from severe anxiety, hyperactivity,
episodes of terror, nightmares, and fatigue.62 The highest level of PTSD “involves heightened symptoms of hyperactivity,vigilance, scanning, and motor tension, fixation on somatic symptoms believed to have resulted from the traumatic event, and a secondary manifestation of depression.”63 A court faced with a child accused of murdering their parent should evaluate the reasonableness of the child’s actions in light of the debilitating effects of these disorders. The court should take into account
any psychological conditions from which the child suffers to lessen or mitigate the charge or sentence.



http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1009&context=clb

 

[Noirdame79]

Excerpt from The Shocking True Crime Case That Derailed FRIGHT NIGHT 3!

In 1989, the VHS market was still huge and it wasn’t uncommon for horror sequels to be produced as direct-to-video titles, so although Holland’s memory is fuzzy on what the release plan would’ve been for FRIGHT NIGHT 3, it most likely would’ve been catered to the home video market. And Holland’s involvement would all hinge on a meeting with the new producer and rights holder Jose Menendez. Roddy (McDowall) had already met with the movie mogul several times, and based on those interactions was trying to prepare Tom for would inevitably be an interaction with a very, very difficult man.

“What stuck in my head was that Roddy said Menendez was the worst human being he had ever met. Just a terrible man. He was very insulting in their meetings and Roddy was very concerned that I be prepared for that and not walk out of our meeting. There was something beyond just being a tough business man in him. He was personally offensive, but I don’t know, I never met him. Two weeks before our meeting which was scheduled, Menendez was killed by his two kids.”

That’s right. If you remember the highly televised case of the Menendez Brothers, this was the murder that put a halt to Roddy’s producing endeavors, and that included FRIGHT NIGHT 3.

“I asked Roddy about it, and Roddy never wanted to talk about it. I’ve never experienced that before, but there was a darkness around that man that even affected Roddy. And Roddy was a very lovely, effusive man. There was something really, really wrong with Menendez. That whole story is a horror movie. And Roddy would never speak of it after that.”


http://www.the13thfloor.tv/2015/12/10/the-shocking-true-crime-case-that-derailed-fright-night-3/

 

[Noirdame79]

Menendez: Blood Brothers (2017) TV Movie

Nico Tortorellla as Lyle Menendez; Myko Oliver as Erik Menendez; Benito Martinez as Jose Menendez; and Courtney Love as Kitty Menendez






Law & Order True Crime: The Menendez Murders (2017), TV Miniseries

Miles Gaston Villanueva as Lyle Menendez; Gus Halper as Erik Menendez; Carlos Gomez as Jose Menendez; and Lolita Davidovich as Kitty Menendez

 

[Noirdame79]

[video=youtube;AxUhLn_npPg]https://www.youtube.com/watch?v=AxUhLn_npPg[/video]

 

[Noirdame79]

Erik, age 6



Beverly Hills High School diploma request form, filled out by Erik and signed by Kitty



Erik and his parents at his high school graduation



A recent photo of Erik with his aunt, Joan Vander Molen and his cousin, Diane (Vander Molen) Hernandez

 

[Noirdame79]

'They deserve to be set free': Aunt of Menendez brothers says of their emotional reunion

The aunt of the Menendez brothers reacted to the news of their emotional reunion after spending more than 20 years apart, saying that her nephews are not criminals and they should be set free.

Marta Cano -- sister of Jose Menendez and godmother to Erik Menendez -- testified for the defense for both brothers. In her first interview in more than 20 years, she described her nephews as "sweet" and "beautiful" boys who were deeply troubled by the abuse they endured by their parents.

Cano, 76, then described her brother as "sick guy" who had "tremendous traumas from his childhood."

"He was not a bad person," she told ABC News. "He was a sick person. He had his traumas."

In 1996, the brothers were convicted of first-degree murder in their parents' deaths and were sentenced to two consecutive life prison terms without the possibility of parole.

They came face to face on Wednesday, after Lyle was transferred to the R.J. Donovan Correctional Facility, where Erik had been housed since July 2013. The two hadn't seen each other since Sept. 10, 1996, said Robert Rand, a journalist who has covered the case since 1989 and a consultant for NBC's 2017 TV series on the brothers.

They both "burst into tears immediately" after the guard opened the door, Rand said.

Cano said that although "it is a great joy to know they are together," she still prays for them to be set free.

"They deserve to be free," she said. "They're not criminals. They were in so much shock and fear of their own lives that that's what happened."

Cano said that she believes when the brothers killed their parents, it was a "defense mechanism," not a crime that was planned.

"It was not [an] in-cold-blood kind of thing," she said. "It was fear -- total fear."

She added, "How would I feel if someone had abused me all my life, and all of a sudden he's angry in front of me and he's coming to me? It's a defense mechanism we all have. You never knew what you would do."

The killings and the subsequent trials "traumatized" the brothers' extended family, Cano said, adding that she's convinced that her son, Andy, died because he couldn't cope with the incarceration of his cousins, with whom he was close.

"I have no doubt in my mind that Andy is dead because of them," she said.

Cano said she has kept in touch with her nephews throughout the years, but "not as much" as she would like. She's also met both of their wive several times, she said.

"They've always been in my heart," she said.

Cano believes that through their "suffering" in prison, Lyle and Erik have matured and grown.

"The other good thing is they have been able to mature separately," she said. "Sometimes we cling on to somebody else, and we never mature."

Erik asked his aunt to send him some books after telling her that he had been teaching religion to a group of inmates, Cano said.

"So, he was really making sure that the prisoners knew that there is a God that loves us," she said. "That was marvelous to me because he never got that at home."

Cano said she will continue to lean on her faith.

"You have to leave some things in God's hands, and God takes care of them," she said.


http://abcnews.go.com/US/deserve-set-free-aunt-menendez-brothers-emotional-reunion/story?id=54295229

 

[JerseyGirl]

Celebrating KTTV's 70 Years: New evidence in Menendez murders could mean new trial

 

[JerseyGirl]

Psychiatrist who admitted altering notes in Menendez brothers’ murder trial in the ’90s surrenders license

 

[Sonny Crockett]

Though I was aware of the MB criminal case after I heard about it on the news in '89 & into the '90's, I never paid much attention to the case. Like a lot of people, I believed that they probably killed their parents & lied about it to inherit a lot of $. Yes, I did hear about the claims of abuse - but, ATT I wasn't sure I believed them.

However, I recently have done thorough research on the case & seen some of the documentaries, etc. And, here is my perspective on the horrible case:

-I now 100% believe that these two kids were being abused by their father from the time that they were children to the time leading up to the killings of the parents. I also believe the mother was complicit; I don't know whether she participated in the abuse, but she definitely was aware of it & covered it up/ignored what was going on. I don't think the motive for the killings was financial (though I see why it looked that way due to the brothers trying to cover up the crime & going on spending sprees after the deaths, etc.)

I do definitely believe that the killings were in retaliation for the many years of abuse. And, also because the brothers felt that their lives were in danger due to the threats the father had made to them if they said anything about what had been happening to them for years.

What I found extremely significant was that Erik stated that he was looking forward to leaving home to go away to college right before the murders, and at the last minute his father said he had to live at home (despite the fact that the family had plenty of money so he could live on campus). So, he felt trapped - given that he knew the abuse was going to continue.

-I addition & going along with the above, I completely believe that horrible abuse occurred not just because the brothers claimed it did, but also because of the testimony of other family members who were staying at the house (in many cases for extended periods of time) when the two boys were growing up. In addition, the defense did provide physical evidence which proved this.

- Also, I was very impressed that a lot of the extended family members (aunts, cousins, etc.) were standing by the brothers both right after the killings occurred & continue to stand by them until the present day. I.e., I don't believe these family members would stand by & support these two brothers if they thought the killings were purely for financial reasons.

 

[Sonny Crockett]

Part 2 of my comments/observations re: the MB case:

-I'm appalled that jokes were made on national talk shows ATT the crimes occurred "poking fun" at the abuse that occurred.

-As has been mentioned, one of the reasons the punishment was so harsh in the second trial (Spring 1996) was because the L.A. court system had egg on their face due to O.J. being acquitted in Fall 1995 (less than a year before). So, they wanted to make sure the same thing didn't happen again. And, because of this - the authorities didn't allow the family testimony re: the abuse in the second trial - which irrevocably hurt the defense.

-Though I understand why the MB felt they were backed into a corner re: the abuse by the father, etc. - I still think they should have gone to prison for the crime. However, I believe the sentence was way too harsh. I.e., I do think they should have been out of prison by now & didn't deserve to go to jail forever - due to the circumstances of the crime.

-It was significant that when EM was first put in prison after the initial arrest, he stated that he preferred being in prison (a horrific place, obviously) to being at home with his parents due to the ongoing abuse, etc.

-As has been mentioned re: this case, if the two brothers had instead been sisters & under the exact same circumstances (re: the abuse, etc.) I don't believe they would have gone to prison for the crime. Or, if they did - it wouldn't have been for life. Very unfair.

-The above being said, if this exact same case had occurred now, IMHO more people would have believed the MB & they may have been treated more leniently by the court system.

 

[ilovewings]

I am watching a re-hash of this case on Dateline-- Even if there was abuse, I do not for one freaking minute believe they thought their parents were going to kill them. What a crock. The other thought is why didn't they leave the house if the abuse was so awful. They were of age to leave. They were not children. I know at the time of the trial I did not believe their story of abuse and still don't. The way they executed their mother, the way they spent all that money they inherited and their demeanor tells me they were just evil. Oh, and the tape made by that doctor (Ozeill?) did not mention sexual abuse, according to this Dateline documentary. It also came out that Leslie Abramson, the attorney in the first trial, that resulted in a mistrial, told Dr. Vikory (sp) a therapist, to delete notes that he wrote that could reflect thoughts of premeditated murder. I am glad they are in prison and hope they stay there.

 

[Sonny Crockett]

I strongly disagree that there was no abuse in the Menendez brothers case. Remember, their stories of the abuse were corroborated by family members who witnessed very suspicious things when staying at the house for extended periods of time. Going along with this, if the extended family members believed that the brothers killed the parents just because of the money - I don't believe they would have continued to support the brothers for as long as they have. Note that JM's sister (the boys' aunt) testified that he was abusive & that she believed the brothers.

Also remember - the father was not only abusive but violent, and threatened the brothers' lives if they said anything about the abuse. And, Erik M. wanted to go away to college to escape the abuse, but his father insisted that he stay at home (where the abuse would continue) - despite having more than enough $ so that EM could live on campus.

Also note that if two women had done the same thing to their parents because they said abuse occurred, they would have almost certainly have been believed. But, because two men did it they're thought to be liars - despite all of the evidence to the contrary. Oh yeah, we know that only women get abused like this....Give me a break.

People that say abuse like this doesn't exist are part of the problem.

 

[ilovewings]

I strongly disagree that there was no abuse in the Menendez brothers case. Remember, their stories of the abuse were corroborated by family members who witnessed very suspicious things when staying at the house for extended periods of time. Going along with this, if the extended family members believed that the brothers killed the parents just because of the money - I don't believe they would have continued to support the brothers for as long as they have. Note that JM's sister (the boys' aunt) testified that he was abusive & that she believed the brothers.

Also remember - the father was not only abusive but violent, and threatened the brothers' lives if they said anything about the abuse. And, Erik M. wanted to go away to college to escape the abuse, but his father insisted that he stay at home (where the abuse would continue) - despite having more than enough $ so that EM could live on campus.

Also note that if two women had done the same thing to their parents because they said abuse occurred, they would have almost certainly have been believed. But, because two men did it they're thought to be liars - despite all of the evidence to the contrary. Oh yeah, we know that only women get abused like this....Give me a break.

People that say abuse like this doesn't exist are part of the problem.

So let's say there was that extreme abuse-----
Why didn't both boys leave the home -------just get out go get jobs
-- their father insisted they stay at home??? If
The abuse was that horrific, they could have left the home---
But no, they stayed at home and killed their parents, and the
Murder of their mother wax especially horrific

Why did they stay? They were spoiled rich kids
Get a job? Nope
They liked the money good old dad brought home

And after they killed their parents they went on a lavish spending spree

 

[sds71]

Roy Rosselló, a former member of Menudo, the boy band of the 1980s that became a global sensation, is coming forward with an allegation that he was sexually assaulted as a teenager by Jose Menendez.

The assertion was aired on Tuesday in a segment on the “Today” show that outlined some of the findings of a three-part docuseries scheduled to air on Peacock, the streaming service from NBCUniversal, beginning on May 2. The series, “Menendez + Menudo: Boys Betrayed,” based on reporting by the journalists Robert Rand and Nery Ynclan, is largely focused on Mr. Rosselló. He describes an encounter with Mr. Menendez but also recounts separate incidents of sexual abuse that he says were inflicted on him by one of Menudo’s former managers when he sang as part of the group.

Ex-Member of Menudo Says He Was Raped by Father of the Menendez Brothers (Published 2023)

The allegation, made in a forthcoming docuseries, resembles the claims of abuse by the brothers, who were convicted in 1996 of murdering their parents.

www.nytimes.com

https://twitter.com/x/status/1648336453842219008

 

[Noirdame79]

So let's say there was that extreme abuse-----
Why didn't both boys leave the home -------just get out go get jobs
-- their father insisted they stay at home??? If
The abuse was that horrific, they could have left the home---
But no, they stayed at home and killed their parents, and the
Murder of their mother wax especially horrific

Why did they stay? They were spoiled rich kids
Get a job? Nope
They liked the money good old dad brought home

And after they killed their parents they went on a lavish spending spree

Many victims of abuse feel that they can't leave. Their parents had controlled them throughout their lives, and childhood abuse literally changes how the brain develops. They feared that their parents would kill them to keep the family secrets safe.

The money they spent after the deaths of their parents did not come from the estate, it was from an insurance policy that they had no idea they were going to receive, and honestly, spending money like that wasn't a new experience for them.

 

[Noirdame79]

Roy Rosselló, a former member of Menudo, the boy band of the 1980s that became a global sensation, is coming forward with an allegation that he was sexually assaulted as a teenager by Jose Menendez.

The assertion was aired on Tuesday in a segment on the “Today” show that outlined some of the findings of a three-part docuseries scheduled to air on Peacock, the streaming service from NBCUniversal, beginning on May 2. The series, “Menendez + Menudo: Boys Betrayed,” based on reporting by the journalists Robert Rand and Nery Ynclan, is largely focused on Mr. Rosselló. He describes an encounter with Mr. Menendez but also recounts separate incidents of sexual abuse that he says were inflicted on him by one of Menudo’s former managers when he sang as part of the group.

Ex-Member of Menudo Says He Was Raped by Father of the Menendez Brothers (Published 2023)

The allegation, made in a forthcoming docuseries, resembles the claims of abuse by the brothers, who were convicted in 1996 of murdering their parents.

www.nytimes.com

https://twitter.com/x/status/1648336453842219008

Robert Rand (who covered both trials and published a book on the case in 2017) has been investigating this for decades.

Here's a video about the upcoming documentary; you can hear Rand telling the brothers over the phone about this latest development and you can hear their reactions:

People really need to watch the first trial (which is available on Court TV's website, and there is a youtube channel, Menendeztrials, which has it uploaded in segments) to really get a complete picture. The money motive was debunked, the prosecution's case was extremely weak, while the defense had corroborative testimony (from family, friends, teachers, and coaches) and expert testimony, as well as photographs and medical records. Neither the brothers nor their attorneys ever said that the killing of their parents was justified; after years of abuse and threats, they believed that their parents would kill them, that no one could protect them and no one would believe them, and given how powerful their father was, that's not surprising. In the second trial, much of the defense evidence was blocked or severely limited to ensure a conviction.

 

[Noirdame79]

I'm sure I mentioned this way back in this thread but in the book Blood Brothers by Ron Soble and John Johnson (two reporters who covered the first trial), Steve Wax, who was a consultant of Jose Menendez, stated that he joked about the Menudo sexual abuse allegations shortly before his death.

 

[Noirdame79]

News article from 1994 during the first trial juries' deliberation

 

[Noirdame79]

This is a brief excerpt from a 1988 interview with Jose Menendez. There's just something so frightening and intense about him, even in that brief moment where you hear him laugh while his back was to the camera.