Erik Menendez probation report

SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES

PROBATION OFFICER’S REPORT

DEFENDANT’S NAME(S)
ERIK GALEN MENENDEZ

ADDRESS (PRESENT)
LOS ANGELES COUNTY JAIL

AGE
25

BIRTHDATE
11/27/70

SEX
M

RACE
W, WHITE

CITIZENSHIP STATUS
U.S. BORN

DAYS IN JAIL THIS CASE
ESTIMATED
2,375

CUSTODY STATUS/RELEASE DATE
JAIL (NO BAIL)

DRIVER’S LICENSE/EXP DATE
A2246779

COURT
NW-N

JUDGE
WEISBERG

COURT CASE NO.
BA068880

HEARING DATE
07/02/96

DEFENSE ATTY
ABRAMSON/LEVIN

PROSECUTOR
CONN/NAJERA

DPO
MCMILLEN
B32

AREA OFFICE
ESFV

PHONE NO
(805) *

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
03/11/90

TIME
0115

BOOKED AS
ERIK GALEN MENENDEZ

OFFENSE
187 PC

LOCATION OF ARREST
UNKNOWN

ARRESTING AGENCY
BEVERLY HILLS PD

CO-DEFENDANT(S)
JOSEPH LYLE 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 CO-DEFENDANT STOLE AN IDENTIFICATION CARD FROM HIS ROOMMATE AT COLLEGE. ON AUGUST 18, 1989, THE DEFENDANTS DROVE TO SAN DIEGO COUNTY WHERE THE 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 CO-DEFENDANT’S CAR WHERE THE DEFENDANT RETRIEVED ONE OR TWO SHELLS OF BIRDSHOT. HE GAVE THE SHELL TO THE CO-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 CO-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:
NONE

JUVENILE HISTORY:

9-16-88 LASD/MALIBU – 459 PC (BURGLARY), 487.1 PC (GRAND THEFT PROPERTY) – 1-20-89, JUVENILE COURT PETITION FILED, REFERRED TO PROBATION DEPT. FOR CONSIDERATION RE 654 WIC; 3-7-89, MINOR IS ACCEPTED FOR SUPERVISION PER 654 WIC, PETITION DISMISSED, CASE DISMISSED; 9-6-89, CASE EXPIRED.

(AROUND JULY 4, 1988, WHILE VISITING A FRIEND, DEFENDANT AND HIS FRIEND, CRAIG, DECIDED TO PLAY A JOKE ON THE FRIEND, WHOSE PARENTS WERE OUT OF THE COUNTRY, BY MOVING HIS VEHICLE. WHILE LOOKING FOR THE KEYS, THEY FOUND OTHER KEYS AND THE COMBINATION TO THE FAMILY SAFE. THEY OPENED THE SAFE AND FOUND A LARGE AMOUNT OF JEWELRY AND ABOUT $2,000 IN CASH THEY REMOVED THE VALUABLES FROM THE SAFE AND HID THEM. ON JULY 14, 1988, A NEIGHBOR OF A SECOND VICTIM, WHO WAS ALSO OUT OF TOWN, OBSERVED DEFENDANT ENTER THE SECOND VICTIM’S HOME THROUGH THE REAR ENTRANCE. WHEN THE VICTIM RETURNED HOME SEVERAL WEEKS LATER, HE DISCOVERED THAT THE HOUSE HAD BEEN BURGLARIZED AND A CONSIDERABLE AMOUNT OF JEWELRY AND OTHER ITEMS HAD BEEN TAKEN. DEFENDANT NOW ADMITS THAT HE AND THE CO-DEFENDANT COMMITTED THIS THEFT. THEY TOOK A SOLARFLEX MACHINE, POTTERY, PAINTINGS, THE FAMILY SAFE AND OTHER ITEMS. HE KNEW THE SECOND VICTIM’S DAUGHTER FROM SCHOOL. HE TRIED TO UNDO WHAT THEY DID BEFORE THE VICTIMS RETURNED HOME, BUT THEY ENDED UP PUTTING SOME OF THE SECOND VICTIM’S PROPERTY IN THE FIRST VICTIM’S SAFE. HE NEVER TOLD THE POLICE ABOUT CRAIG’S OR THE CO-DEFENDANT’S INVOLVEMENT BECAUSE HIS FATHER DID NOT WANT THE CO-DEFENDANT TO GET ARRESTED. DEFENDANT WAS QUESTIONED AND ADMITTED THE CRIMES. HE RETURNED MOST OF THE STOLEN PROPERTY WHICH HAD AN ESTIMATED VALUE OF $100,000. BOTH VICTIMS TOLD THE PROBATION OFFICER AT THE TIME THAT THEIR LOSSES HAD BEEN PAID IN FULL BY THE DEFENDANT AND HIS FAMILY. DEFENDANT STATED, “I DON’T KNOW WHY I DID IT… MAYBE I WAS JUST BORED AND FRUSTRATED…BECAUSE I HAD INJURED MY ANKLE AND COULDN’T PLAY TENNIS. WHATEVER, I DID DO IT AND I’M VERY SORRY. I’VE BEEN TRYING TO MAKE UP FOR IT BY WORKING WITH THE HOMELESS DOWN AT ST. JOSEPH CENTER IN VENICE – AND I’M GOING TO PAY MY PARENTS BACK AS SOON AS I CAN. I’M SURE I WILL NEVER DO ANYTHING LIKE THIS AGAIN.”)

RECORDS OF THE DEPARTMENT OF MOTOR VEHICLES SHOW THAT DEFENDANT HAD FOUR CASES IN THE JUVENILE TRAFFIC COURT IN 1987 AND 1988. HE SUSTAINED TWO CONVICTIONS EACH FOR 22349 VC (SPEEDING), 12951A VC (NO LICENSE IN POSSESSION) AND 5204A VC (NO LICENSE PLATE TABS). TWO OF THESE CASES HAD GONE TO WARRANT BEFORE THEY WERE FINISHED.

ADULT HISTORY:

FOLLOWING HIS ARREST FOR THE PRESENT OFFENSE, DEFENDANT WAS BOOKED FOR TWO OUTSTANDING TRAFFIC WARRANTS. ON 4-16-90, HE APPEARED IN DIVISION 100 OF THE VAN NUYS MUNICIPAL COURT AND WAS SENTENCED TO TIME SERVED FOR 22350 VC (SPEEDING) AND TWO CASES OF 40508(A) VC (FAILURE TO APPEAR). ON 9-20-89, EXACTLY ONE MONTH AFTER THE PRESENT OFFENSE, HE WAS CONVICTED IN THE BEVERLY HILLS MUNICIPAL COURT OF 40508(A) VC, 22450 VC (FAILURE TO STOP AT A STOP SIGN) AND 129S1A VC (NLIP).

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

DEFENDANT STATES HE GOT DRUNK ON ALCOHOL EIGHT TO TEN TIMES AT HIGH SCHOOL PARTIES. HE SMOKED MARIJUANA FOR THE FIRST TIME IN JULY, 1988. HE DID NOT USE IT AGAIN UNTIL AFTER THE PRESENT OFFENSE, AND USED IT ANOTHER FOUR OR FIVE TIMES. DEFENDANT IS CURRENTLY ON DAILY DOSAGES OF INDERAL, XANAX AND PAMELOR FOR DEPRESSION AND ANXIETY.

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.

RESIDENCE

TYPE RESIDENCE
APT

LENGTH OF OCCUPANCY
4 MONTHS

RENT
$1,750

RESIDES WITH/RELATIONSHIP
NOEL NEDLI
FRIEND

RESIDENTIAL STABILITY LAST FIVE YEARS
GOOD

CAME TO STATE/FROM
AUGUST, 1986
PRINCETON, NEW JERSEY

CAME TO COUNTY/FROM
SAME

DEFENDANT’S LAST RESIDENCE WAS APARTMENT 633-C AT THE MARINA CITY CLUB IN MARINA DEL REY. PRIOR TO THIS, FOLLOWING THE PRESENT OFFENSE, HE LIVED WITH VARIOUS FRIENDS OR WITH HIS GRANDMOTHER AT THE BEVERLY HILLS HOME WHERE THE FAMILY HAD LIVED SINCE SEPTEMBER, 1988. THEY PREVIOUSLY LIVED IN CALABASAS AFTER MOVING TO CALIFORNIA. HIS FATHER, JOSE ENRIQUE MENENDEZ, WAS EMPLOYED BY LIVE ENTERTAINMENT COMPANY IN VAN NUYS, A VIDEO DISTRIBUTION COMPANY. HIS MOTHER, MARY LOUISE “KITTY” (ANDERSEN) MENENDEZ, WAS NOT EMPLOYED OUTSIDE OF THE HOME AFTER THE DEFENDANTS WERE BORN.

MARRIAGE/PARENTHOOD
MARITAL STATUS
SINGLE

FORMAL EDUCATION:
HE GRADUATED FROM BEVERLY HILLS HIGH SCHOOL IN JUNE, 1989. HE STATES HE RAN FOR SENIOR CLASS PRESIDENT BUT LOST. HE WAS ON THE SCHOOL TENNIS TEAM, AND WAS RANKED SEVENTH IN THE STATE. HE WAS ENROLLED AT U.C.L.A. FOR THE FALL, 1989, SEMESTER BUT NEVER WENT.

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
NONE

FINANCIAL STATUS
INCOME STABILITY
POOR

NET MONTHLY INCOME
NONE

PRIMARY INCOME SOURCES
FAMILY

SECONDARY INCOME SOURCE(S)
UNKNOWN

EST. TOTAL ASSETS
NONE

EST. TOTAL LIABILITIES
NONE

DEFENDANT STATEMENT:

WHEN HE WAS SIX YEARS OLD, HIS FATHER BEGAN TO MOLEST HIM MAKING DEFENDANT “MASSAGE” AND ORALLY COPULATE HIM. WHEN HE WAS 12, HE BEGAN TO ENGAGE IN SODOMY. DURING THE SUMMER OF 1983, HE RAN AWAY FROM HOME. HIS FATHER BROUGHT HIM BACK HOME AND THREATENED HIM STATING, “YOU’LL NEVER BE ABLE TO GET AWAY FROM ME.” AFTER THEY MOVED TO CALIFORNIA IN 1986, THE CHILD ABUSE STOPPED FOR AWHILE. HOWEVER, A WEEK BEFORE HE TURNED 16 (NOVEMBER, 1986), FATHER ENTERED HIS ROOM, ORDERED DEFENDANT TO GET ON HIS KNEES AND ORALLY COPULATE HIM. THIS CONTINUED TO OCCUR EVERY ONE TO THREE MONTHS UNTIL AUGUST 10, 1989, TEN DAYS BEFORE THE PRESENT OFFENSE. DEFENDANT WAS TO START AT U.C.L.A. IN THE FALL SEMESTER AND WAS GOING TO BE LIVING IN A CAMPUS DORM. HOWEVER, ABOUT A WEEK BEFORE THE PRESENT OFFENSE, FATHER TOLD DEFENDANT THAT HE WOULD BE COMING HOME SEVERAL NIGHTS A WEEK SO FATHER COULD GO OVER HIS HOMEWORK. THIS UPSET DEFENDANT BECAUSE HE WAS LOOKING FORWARD TO GETTING AWAY FROM FATHER, AND THIS WOULD GIVE FATHER CONTINUING OPPORTUNITIES TO ABUSE HIM. HE TOLD LYLE WHAT FATHER WAS DOING AND “LYLE GOT ANGRY WITH ME.” LYLE LATER CONFRONTED FATHER WHO, IN TURN, GOT UPSET WITH DEFENDANT FOR TELLING LYLE. FATHER BELIEVED LYLE WAS GOING TO TELL THE AUTHORITIES WHAT HE WAS DOING AND HE WAS NOT GOING TO ALLOW THAT TO HAPPEN. LYLE THOUGHT THEY SHOULD RUN AWAY, BUT DEFENDANT SAID, “NO. WHERE WOULD WE GO? FATHER WOULD FIND US ANYWAY.” THEY DECIDED THEY NEED TO GET SOME HANDGUNS FOR PROTECTION. THEY GOT IN LYLE’S CAR AND DROVE TOWARD SAN DIEGO. THEY GOT AS FAR AS LA JOLLA WHERE THEY WENT INTO A GUN STORE. HOWEVER, THEY WERE TOLD THEY WOULD HAVE TO WAIT 15 DAYS BEFORE PURCHASING A HANDGUN. THEY THEN WENT TO A NEARBY “BIG 5” SPORTING GOODS STORE AND USED AN IDENTIFICATION CARD BELONGING TO ONE OF LYLE’S FRIENDS TO PURCHASE TWO 12-GAUGE SHOTGUNS. THE NEXT DAY, THEY BOUGHT SOME BUCK SHOT AT A STORE IN LOS ANGELES. THE TENSION IN THE FAMILY WAS VERY HIGH AND THEY WERE CONVINCED THAT FATHER WAS GOING TO DO SOMETHING SOON TO SILENCE THEM. HOWEVER, ON SATURDAY, AUGUST 19, 1989, THEY ALL WENT ON A SHARK FISHING TRIP. DEFENDANT THOUGHT THIS WAS ODD BECAUSE THEY SHOULD INSTEAD STAY HOME AND WORK OUT THEIR PROBLEMS. ABOUT MIDNIGHT, FATHER CAME UP TO HIS BEDROOM AND ORDERED DEFENDANT TO UNLOCK THE DOOR. DEFENDANT DECIDED HE WAS NOT GOING TO HAVE SEX WITH HIM AGAIN. FATHER HAD A VIOLENT TEMPER, BUT DEFENDANT JUST SAT ON HIS BED WITH THE SHOTGUN ON HIS LAP. FATHER FINALLY WENT AWAY STATING HE ‘WOULD HAVE TO COME OUT SOMETIME. HE NEVER THOUGHT OF GOING OUTSIDE FOR HELP; HE NEVER THOUGHT OF GOING TO HIS AUNT’S; HE NEVER SAT DOWN AND THOUGHT THOUGH THE SITUATION. “I WISH I HAD RUN AWAY, BUT IT WAS DRILLED INTO ME TO NEVER GO OUTSIDE OF THE FAMILY (FOR HELP).” MOTHER SAID SHE KNEW WHAT WAS HAPPENING BETWEEN DEFENDANT AND FATHER. DEFENDANT THEN SAW HER AS THIS HORRIBLE WOMAN WHO CONSPIRED WITH HIS FATHER.

“I DON’T WANT ANYONE TO THINK THAT THE HORROR OF WHAT WE DID (HAS NOT AFFECTED US).” I WANT PEOPLE TO UNDERSTAND HOW MUCH I WISH WE COULD GO BACK AND CHANGE WHAT HAPPENED… FROM THE VERY FIRST NIGHT, I REALIZED THE HORROR OF WHAT HAPPENED AND WHAT A MISTAKE WAS MADE.” HE DID DIFFERENT THINGS TO TRY TO RELIEVE THE PAIN. “I WAS TRYING TO LIVE THE LIFE THAT MY FATHER WOULD WANT. THE NEXT SIX MONTHS WERE “THE WORST SIX MONTHS OF MY LIFE. HIS ARREST WAS A RELIEF. THEY HAVE BOTH GONE TO THEIR PARENTS GRAVES TO TALK TO THEM ABOUT WHAT HAPPENED. IF HE COULD ONLY HAVE BEEN ABLE TO TALK TO HIS MOTHER BEFORE, THIS ALL MIGHT HAVE BEEN ABLE TO BE AVOIDED. A COUPLE DAYS AFTER THE MURDERS, HE WAS SHOCKED TO FIND OUT THAT MOTHER HAD BEEN TAPE RECORDING HIS TELEPHONE CALLS. IF HE HAD KNOWN THIS, HE WOULD HAVE BEEN ABLE TO TALK TO HER INDIRECTLY THOUGH THE TELEPHONE. HE SEES A PSYCHIATRIST EVERY WEEK IN JAIL. HOWEVER, “I DON’T THINK I COULD HAVE MADE IT HERE WITHOUT LYLE.”

INTERESTED PARTIES:

LES ZOELLER, DETECTIVE, BEVERLY HILLS POLICE DEPARTMENT (310) *, 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’ BODY TISSUE AND BLOOD WERE ALL OVER THE WALLS AND CEILING. 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 THE DEFENDANT’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 DEFENDANT’S FIRST TRIAL.

JUDY KAPLAN-ZAMOS OF WOODLAND HILLS, A JUROR IN THE CO-DEFENDANT’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:

THE PRESENT OFFENSE APPEARS TO BE THE DEFENDANT’S ONLY INVOLVEMENT IN ANY AGGRESSIVE OR VIOLENT BEHAVIOR. HE FULLY ADMITS HIS PARTICIPATION IN THIS MATTER AND STATES HE REALIZES WHAT A TERRIBLE MISTAKE HE MADE AND REGRETS WHAT HE DID. MUCH HAS BEEN SAID ABOUT HIS AFFLUENT LIFESTYLE AND THE ABUSE HE RECEIVED FROM HIS FATHER. THEORIES HAVE BEEN MADE OF HIS THIRST FOR MONEY AND HIS EXTRAVAGANT LIFESTYLE IN THE SIX MONTHS BETWEEN THE MURDERS AND HIS ARREST. IT IS CLEAR THAT HE COMMITTED A HORRENDOUS ACT OF VIOLENCE AGAINST THE PEOPLE TO WHOM HE OWED HIS LIFE AND HIS LIFESTYLE. HOWEVER, TO THE PEOPLE WHO KNOW AND LOVE HIM MOST, IT WAS A HORRENDOUS TIME OF HIS LIFE. HE WAS AN INTELLIGENT, TALENTED AND HEALTHY YOUNG MAN, BUT HE WAS KEPT UNDER CLOSE WRAPS BY HIS PARENTS WHO APPARENTLY DID NOT TRUST HIM. HIS MOTHER REPORTEDLY TAPE RECORDED HIS TELEPHONE CALLS AND HIS FATHER KEPT PORNOGRAPHIC VIDEOS IN THE FAMILY DEN WHICH HE USED TO “EDUCATE” HIS CHILDREN AND OTHERS. CERTAINLY, NONE OF THE ABOVE, EVEN THE ALLEGED SEXUAL ABUSE, IS WORTHY OF DEATH. HOWEVER, SOMETHING CONVINCED THIS MAN, WHO WAS JUST ENTERING MANHOOD, THAT SUCH VIOLENCE WAS NECESSARY. SINCE THE INCIDENT, THE PSYCHOLOGICAL, EMOTIONAL, AND PHYSICAL PRESSURE AFFECTED HIM SO GREATLY THAT HE SOUGHT HELP BY CONFIDING IN SEVERAL FRIENDS AND A PSYCHIATRIST. THIS, THEN, LED TO HIS ARREST, WHICH HE STATES WAS A RELIEF. THE SIX YEARS THAT HAVE FOLLOWED HAVE BEEN FILLED WITH PSYCHIATRIC AND SPIRITUAL COUNSELING, ESTABLISHING NEW, AND MAINTAINING ESTABLISHED FRIENDSHIPS, AND, MORE IMPORTANTLY, THE LOVE AND ACCEPTANCE OF MANY OF HIS RELATIVES WHO WERE ALSO EFFECTED AND HURT GREATLY BY WHAT HE DID. HE IS NOW FACING A LIFE OF IMPRISONMENT, 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, TO PARTICIPATE IN THE FURTHERANCE OF HIS EDUCATIONAL GOALS AND TO CONTINUE HIS THERAPY. THIS YOUNG MAN HAS GROWN AND MATURED IN THE LAST SIX-PLUS YEARS. HE IS NOT CONSIDERED A THREAT 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)*

READ AND APPROVED:
/s/ DENNIS S. BARRON, SDPO
(818) *

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.