Lyle Menendez probation report

SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES

PROBATION OFFICER’S REPORT

DEFENDANT’S NAME(S)
JOSEPH LYLE MENENDEZ

ADDRESS (PRESENT)
LOS ANGELES COUNTY JAIL

AGE
28

BIRTHDATE
1/10/68

SEX
M

RACE
W, WHITE

CITIZENSHIP STATUS
U.S. BORN

DAYS IN JAIL THIS CASE
ESTIMATED
2,377

CUSTODY STATUS/RELEASE DATE
JAIL (NO BAIL)

DRIVER’S LICENSE/EXP DATE
C6891287 – SUSP.

COURT
NW-N

JUDGE
WEISBERG

COURT CASE NO.
BA068880

HEARING DATE
07/02/96

DEFENSE ATTY
GESSLER/TOWERY

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
03/09/90

TIME
1125

BOOKED AS
JOSEPH LYLE MENENDEZ

OFFENSE
187 PC

LOCATION OF ARREST
UNKNOWN

ARRESTING AGENCY
BEVERLY HILLS PD

CO-DEFENDANT(S)
ERIK GALEN MENENDEZ

CASE NO.
SAME

DISPOSITION
SAME

ELEMENTS AND RELEVANT CIRCUMSTANCES OF THEOFFENSES:

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 DEFENDANT STOLE AN IDENTIFICATION CARD FROM HIS ROOMMATE AT COLLEGE. ON AUGUST 18, 1989, THE DEFENDANTS DROVE TO SAN DIEGO COUNTY WHERE THE CO-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 DEFENDANT’S CAR WHERE THE CO-DEFENDANT RETRIEVED ONE OR TWO SHELLS OF BIRDSHOT. HE GAVE THE SHELL TO THE 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 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:
“LYLE”

JUVENILE HISTORY:
INFORMATION IS NOT AVAILABLE THROUGH PROBATION DEPARTMENT INQUIRY FIVE YEARS AFTER JUVENILE PROBATION ACTIVITY IS TERMINATED. RECORDS CONTAIN NO INFORMATION, AND DEFENDANT ADMITS NO RECORD.

ADULT HISTORY:
DEFENDANT STATES HE HAS NO OTHER ARRESTS. HOWEVER, HE HAS A POOR DRIVING RECORD AND “A WHOLE LOT OF SPEEDING TICKETS.” DMV RECORDS IN CALIFORNIA AND NEW JERSEY SHOW SPEEDING CONVICTIONS IN BOTH STATES IN 1987 AS WELL AS IN ALABAMA, AND A TRAFFIC ACCIDENT IN CANOGA PARK IN JULY, 1988. AT THE TIME OF HIS ARREST, HE HAD THREE OUTSTANDING TRAFFIC WARRANTS IN BEVERLY HILLS, MALIBU AND LOS ANGELES MUNICIPAL COURTS. THEY WERE ALL CLEARED SHORTLY AFTER HIS ARREST.

HE ADMITS HE WAS INVOLVED IN THE CO-DEFENDANT’S SECOND RESIDENTIAL BURGLARY IN JULY, 1988, BUT HE WAS NEVER ARRESTED. WHAT THEY DID WAS VERY STUPID. HE DOES NOT HAVE A GOOD EXPLANATION EXCEPT POSSIBLY EXTREME BOREDOM AT THE TIME. HE DOES NOT KNOW WHAT THEY WERE GOING TO DO WITH THE PROPERTY THEY TOOK. THEY TOOK IT ALL BACK AND THEIR FATHER PAID RESTITUTION TO THE VICTIM.

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

Additional information
DEFENDANT ADMITS DRINKING WINE COOLERS AT PARTIES EVERY WEEKEND. HE HAS NEVER BEEN INVOLVED WITH CONTROLLED SUBSTANCES.

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.

Additional information
HE BROKE HIS CLAVICLE PLAYING SOCCER WHEN HE WAS 11, AND HIS COCCYX PLAYING HOCKEY WHEN HE WAS 15. HE HAD A HERNIA OPERATION WHEN HE WAS 7, POSSIBLY CAUSED BY BEING HIT BY HIS FATHER.

RESIDENCE

TYPE RESIDENCE
HOUSE

LENGTH OF OCCUPANCY
3 MONTHS

RENT
NONE

RESIDES WITH/RELATIONSHIP
TERRY BARALT
AUNT

RESIDENTIAL STABILITY LAST FIVE YEARS
GOOD

CAME TO STATE/FROM
SUMMER, 1987
NEW JERSEY

CAME TO COUNTY/FROM
SAME

Additional Information
DEFENDANT LIVED WITH HIS AUNT IN CRANBURY, NEW JERSEY, FROM THE TIME OF THE MURDERS UNTIL NOVEMBER, 1989, WHEN HE MOVED INTO AN APARTMENT WITH HIS GIRLFRIEND IN THE MARINA CITY CLUB IN MARINA DEL REY. HE LIVED THERE UNTIL DECEMBER, 1989, WHEN HE MOVED BACK WITH HIS AUNT. HE REMAINED THERE UNTIL HIS ARREST. HE ONLY LIVED IN THE BEVERLY HILLS HOME FROM JUNE TO AUGUST, 1989, BECAUSE HE WAS AWAY AT SCHOOL.

MARRIAGE/PARENTHOOD
MARITAL STATUS
SINGLE

Additional Information
DEFENDANT STATES HIS CURRENT GIRLFRIEND IS ANNA ERIKSSON, AGE 30. THEY MET AFTER HIS ARREST. HE THINKS HE GOT A FORMER GIRLFRIEND PREGNANT IN THE SPRING OF 1989. HE WAS GOING MARRY HER, BUT HIS FATHER ORDERED AND FINANCED AN ABORTION.

FORMAL EDUCATION:
HE GRADUATED FROM PRINCETON DAY SCHOOL IN 1986. HE ATTENDED TRENTON STATE COLLEGE THE FALL, 1986, SEMESTER AND THEN LEFT TO GO ON A TENNIS TOUR TO AUSTRALIA. IN THE FALL OF 1987, HE ENTERED PRINCETON UNIVERSITY AS A BEGINNING FRESHMAN. HE WAS SUSPENDED FOR ONE YEAR AT THE END OF THE FALL SEMESTER BECAUSE OF PLAGIARISM. HE RETURNED TO PRINCETON IN THE SPRING OF 1989, AND COMPLETED THAT SEMESTER TAKING GENERAL COURSES.

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
PIZZA DELIVERY; NEWSPAPER DEL.; WAITER; SHORT-ORDER COOK

FINANCIAL STATUS
INCOME STABILITY
POOR

NET MONTHLY INCOME
NONE

PRIMARY INCOME SOURCES
RELATIVES

SECONDARY INCOME SOURCE(S)
UNKNOWN

EST. TOTAL ASSETS
NONE

EST. TOTAL LIABILITIES
NONE

Additonal information
HE WAS GOING TO WORK IN HIS FATHER’S BUSINESS WHEN HE GRADUATED FROM COLLEGE. HE HAD HIS OWN CREDIT CARD AND ATM CARD WAS ABLE TO WRITE CHECKS ON HIS PARENT’S CHECKING ACCOUNT. HE STATES HE SPENT A LOT OF HIS PARENT’S MONEY.

DEFENDANT STATEMENT:
ADDITIONAL RELEVANT PERSONAL HISTORY:

DEFENDANT STATES HE STARTED PLAYING TENNIS WHEN HE WAS FIVE YEARS OLD. HE PLAYED THROUGH HIGH SCHOOL AND COLLEGE. HE HAD THE BEST RECORD IN NEW JERSEY IN HIGH SCHOOL. HE PLAYED PRO TENNIS SEVERAL TIMES. HE ALSO PLAYED SOCCER AS A CHILD. HE MADE THE NATIONAL ALL-STAR TEAM AND PLAYED IN GIANT’S STADIUM DURING HALF TIME OF A PROFESSIONAL SOCCER GAME.

DEFENDANT’S STATEMENT:

HE WAS MOLESTED BY HIS FATHER AS A CHILD. IT STOPPED WHEN HE WAS 8 YEARS OLD, BUT HE CONTINUED TO SEE VIOLENCE UNTIL HE WAS 11 OR 12. HIS MOTHER WAS ALSO THE VICTIM OF VIOLENCE BY HIS FATHER, BUT NOTHING WAS EVER REPORTED TO THE POLICE. HOWEVER, HE HAS NOT BEEN PUNCHED BY FATHER SINCE HE WAS 16. WHEN HE WAS 13, HE CONFRONTED FATHER ABOUT THE CHILD ABUSE OF CO-DEFENDANT ERIK. HE FELT GOOD ABOUT THE CONFRONTATION AND THOUGHT THE ABUSE HAD STOPPED. WHEN HE CAME HOME FROM PRINCETON IN JUNE, 1989, HE LIVED IN THE GUEST HOUSE AND LATER DISCOVERED THAT HIS PHONE CALLS HAD BEEN TAPED BY HIS MOTHER. HE CONFRONTED FATHER AGAIN ABOUT WHAT HE WAS DOING TO ERIK AND FATHER THREATENED HIM. DEFENDANT FELT FATHER WAS GOING TO KILL THEM IF THEY TOLD ABOUT THE ABUSE. FATHER DID NOT HAVE TREMENDOUS MORAL FIBER. HE WOULD RATHER FIGHT THE CHARGES OF MURDERING HIS SONS THAN THE CHARGE OF CHILD MOLESTING.

HIS RELATIONSHIP WITH HIS MOTHER WAS A DISASTER. HE TRIED TO TALK TO HER, BUT SHE SAID ERIK WAS LYING OR EXAGGERATING. HE THEN REALIZED SHE WAS NOT GOING TO INTERVENE. HE WANTED TO LEAVE, BUT ERIK WAS NOT READY EMOTIONALLY TO LEAVE. FATHER “HAD OUR LIVES UNDER HIS CONTROL… LEAVING WAS A BIG THING.” DEFENDANT DID NOT WANT TO LEAVE WITH ERIK STILL THERE. “I DIDN’T WANT TO LEAVE HIM ALONE.” ERIK CAME TO HIM A COUPLE DAYS BEFORE THE MURDERS AND WAS SUICIDAL. FATHER WAS A POWERFUL AND PROMINENT MAN AND HE WAS NOT GOING TO BE RUINED BY HIS OWN SONS. HE WAS CAPABLE OF TAKING EXTREME STEPS. THE THURSDAY BEFORE THE MURDERS, THEY DECIDED TO GET SOME HANDGUNS. HOWEVER, HE WAS SHOCKED WHEN TOLD THEY WOULD HAVE TO WAIT TWO WEEKS TO GET THE GUNS. HE DID NOT FEEL THEY COULD WAIT TWO WEEKS. “WE WERE IN A CRISIS.” FATHER FALSELY BELIEVED DEFENDANT INTENDED TO EXPOSE HIM. THEY PLANNED TO STAY AT THE HOUSE, AND GUNS WOULD GIVE THEM SOME PROTECTION AT NIGHT WHEN THEY WERE MOST VULNERABLE. THEY DROVE TOWARD SAN DIEGO AND ENDED UP BUYING SHOTGUNS AT A BIG FIVE STORE. THEY USED THE IDENTIFICATION CARD OF HIS ROOMMATE AT PRINCETON THAT ERIK WAS USING TO GET INTO NIGHT CLUBS, TO PURCHASE THE GUNS AND SHELLS. THEY WERE SUPPOSED TO GO SHARK FISHING ON SATURDAY MORNING (AUGUST 19). HOWEVER, MOTHER TOLD THEM IT WAS POSTPONED UNTIL THE AFTERNOON. THEY THOUGHT THIS WAS ODD AND THOUGHT FATHER MAY BE INTENDING TO USE THEM AS SHARK BAIT. THERE WAS A LOT OF TENSION DURING THE FISHING TRIP. HE TRIED TO TALK TO MOTHER, BUT SHE SAID, “NO ONE HAD HELPED HER, SO WHY SHOULD SHE HELP US.” BY SUNDAY, “THERE WAS NO MORE FAMILY.” HE WAS WAITING FOR ERIK TO COME HOME SO THEY COULD GO TO THE MOVIES. BUT MOTHER SAID HE COULD NOT GO TO THE MOVIES. THIS WAS VERY UNUSUAL. WHEN ASKED WHY, SHE COULD NOT GIVE A REASON. HE FELT FATHER WAS KEEPING HIM HOME FOR SOME REASON. HE GOT INTO ANOTHER ARGUMENT WITH FATHER. “I FELT SOMETHING WAS GOING TO HAPPEN.” HE RAN UPSTAIRS TO TALK TO ERIK; THEY WERE CONVINCED THEIR PARENTS WERE GOING TO KILL THEM THAT NIGHT. “WE BASICALLY MADE PANICKED DECISIONS.” DEFENDANT RAN TO THE GUEST HOUSE TO GET HIS GUN AND THEN TO HIS CAR TO GET THE SHELLS. “I WAS SO PRIMED FOR A SHOOT-OUT, THIS IS WHAT I THOUGHT WOULD OCCUR” AND ENTERED THE DEN FIRING. THE DEN WAS DARK BUT THE TELEVISION WAS ON. HE FIRED VERY HAPHAZARDLY AND FIRED ALL HIS AMMUNITION. IT WAS ALL OVER IN ABOUT TEN SECONDS. THEY RAN OUT AND GOT MORE SHELLS. DEFENDANT WENT BACK AND SHOT HIS MOTHER IN THE FACE. “I WAS PANICKED – NOT THINKING VERY CLEARLY.” THEY THEN WAITED, EXPECTING THE POLICE TO ARRIVE MOMENTARILY. HOWEVER, ALTHOUGH THEIR NEIGHBORS HEARD THE GUNSHOTS, NO ONE CALLED THE POLICE. THEY PICKED UP THE EMPTY SHOTGUN SHELLS AND THEN JUST LEFT. THEY TRIED TO GET INTO THE MOVIES, BUT IT WAS TOO LATE. THEY WENT UP TO MULHOLLAND DRIVE AND “DITCHED” THE GUNS AND BLOODY CLOTHES. THEY THEN WENT HOME AND CALLED THE POLICE. AT THE POLICE STATION, ERIK WENT IN FIRST TO TALK TO THE DETECTIVE. HE WAITED FOR ERIK TO COME OUT TO SEE WHETHER HE CONFESSED. IF SO, DEFENDANT WOULD ALSO CONFESS. HOWEVER, ERIK SIGNALED TO HIM THAT EVERYTHING WAS OKAY. THE DETECTIVE WAS EASY ON HIM AND LET HIM “OFF THE HOOK.” THEY SPENT THE REST OF THE NIGHT AT HIS TENNIS COACH’S HOUSE IN BRENTWOOD AND TOOK A TAXI HOME IN THE MORNING. THE HOUSE AND HIS CAR WERE ALL INSIDE THE POLICE CRIME SCENE TAPE, BUT THEY GOT INTO THE CAR AND REMOVED THE GUN WRAPPINGS AND OTHER EVIDENCE.

AT THE TIME OF HIS ARREST, HE WAS LIVING WITH HIS AUNT IN NEW JERSEY. HE HAD COME TO LQS ANGELES TO DRIVE HIS CAR BACK EAST. HE HAD BEEN STAYING IN THE BEVERLY HILLS HOME ABOUT A WEEK WHEN HE WAS ARRESTED DRIVING AWAY FROM THE HOUSE.

HE NOW BELIEVES THAT HIS PARENTS WERE NOT GOING TO KILL THEM – AT LEAST NOT THEN. HE REGRETS WHAT HE DID, NOT ONLY TO HIS PARENTS, BUT TO HIS RELATIVES AND THEMSELVES. HE HAS VISITED HIS PARENTS GRAVES IN NEW JERSEY AND TALKED TO THEM. “I HAVE MADE PEACE WITH MOM AND DAD.” HE NO LONGER FEELS THEIR ANGER.

ABOUT THREE MONTHS AFTER HIS ARREST, HE WAS FANTASIZING ABOUT ESCAPING FROM JAIL, AS ALL INMATES DO. THE SHERIFFS FOUND HIS MUSINGS AND NOTES AND ACCUSED HIM OF TRYING TO ESCAPE. HOWEVER, THERE WAS NEVER ANY REAL PLAN FORMULATED.

INTERESTED PARTIES:

LES ZOELLER, DETECTIVE, EEVERLY 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 CEILINGS. 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 ERIK’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 ERIK’S FIRST TRIAL.

JUDY KAPLAN-ZAMOS OF WOODLAND HILLS, A JUROR IN LYLE’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:
UNLIKE HIS YOUNGER BROTHER, ERIK, THE DEFENDANT WAS ALLOWED A MEASURE OF FREEDOM AND TRUST BY HIS PARENTS, THE VICTIMS, HOWEVER, HE ALSO WAS REPORTEDLY VICTIMIZED BY HIS FATHER AS A CHILD, BOTH SEXUALLY AND PHYSICALLY. MUCH HAS BEEN SAID ABOUT HIS AFFLUENT LIFESTYLE AS A YOUNG MAN, HIS THIRST FOR MONEY AND HIS EXTRAVAGANT LIFESTYLE FOLLOWING THE MURDERS OF HIS PARENTS. HOWEVER, THE COURT CANNOT IGNORE THE OVERWHELMING SUPPORT OF HIS RELATIVES WHO WERE ALSO DEEPLY HURT AND EFFECTED BY THIS VIOLENT ACT. HE HAS FULLY ADMITTED HIS INVOLVEMENT AND RESPONSIBILITY IN THIS MATTER. HOWEVER, IN THE WORDS OF ONE OF HIS AUNTS, “IT WAS A HORRENDOUS MOMENT AT A HORRENDOUS TIME IN THEIR LIVES.” DEFENDANT HAS NO OTHER HISTORY OF VIOLENT OR AGGRESSIVE BEHAVIOR, BEFORE OR SINCE THOSE FATEFUL SECONDS. HE WAS A YOUNG 21-YEAR–OLD MAN, INTELLIGENT, TALENTED, GOOD-LOOKING, NO DOUBT OVER-INDULGED, AND LOOKING FORWARD TO BECOMING A PART OF HIS FATHER’S BUSINESS UPON HIS GRADUATION. HE HAD ACCESS TO CREDIT CARDS AND THE FAMILY’S BANK ACCOUNT. AS THE OLDER BROTHER, HE SHOULD HAVE HAD AN INFLUENCE ON THE CO-DEFENDANT. HOWEVER, SOMETHING CONVINCED HIM THAT HE NEEDED TO ARM HIMSELF AND COMMIT SUCH A TREMENDOUS ACT OF VIOLENCE.

IN THE SIX YEARS SINCE HIS ARREST, HE HAS GAINED THE SUPPORT OF HIS RELATIVES WHO WERE INITIALLY INCENSED BY WHAT THEY SAW ONLY AS AN ACT OF GREED AND HATE. HE HAS ALSO MAINTAINED OLD AND ESTABLISHED NEW RELATIONSHIPS. HE IS EXPECTED TO SPEND THE REST OF HIS LIFE IN PRISON, 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, AND TO PARTICIPATE IN THE FURTHERANCE OF HIS EDUCATIONAL GOALS. HE IS NOT CONSIDERED AN ESCAPE THREAT OR A DANGER 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.