Photos of Lyle and Erik

Prior to the Menendez brothers’ retrial, the prosecution filed a Motion requesting the trial court to exclude two photographs depicting the brothers in the nude. In the first trial the photos had been received into evidence without objection by the prosecution. The prosecutors in the retrial took the position that the photographs should not be received into evidence. The trial court, Judge Stanley Weisberg, allowed the photographs to be introduced, finding that there was adequate foundation as to the photographs being of the brothers based on the offer of proof that both brothers would testify that no one else but their father took photographs of them in the nude.

In the retrial, Erik testified about the photographs both on Direct examination and Cross-examination. The issue was also addressed by both the Prosecution and Erik’s defense attorney in their closing arguments.