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Prosecutor David Conn MR. CONN : LET ME BRING YOUR ATTENTION BACK TO A CHART THAT YOU ALREADY SAW, ONE THAT I PRESENTED TO YOU IN OPENING STATEMENT WHEN I SAID THAT ONE OF THE PIECES OF EVIDENCE THAT WE WERE GOING TO BE PRESENTING TO YOU IN THIS CASE IS THE STATEMENTS OF THE DEFENDANT ON A TAPE-RECORDING, AND NOW WE KNOW THE DATE OF THAT TAPE-RECORDING AS DECEMBER THE 11TH, 1989; A SESSION BETWEEN DR. OZIEL AND ERIK MENENDEZ AND LYLE MENENDEZ, WHEN ERIK AND LYLE MENENDEZ, BEFORE THEY HAD A MOTIVATION TO COME UP WITH THE "ABUSE EXCUSE," SAT DOWN IN A CONVERSATION WITH DR. OZIEL, AND THEY TALKED ABOUT THIS CRIME. AND WHAT DID THEY SAY BACK THEN, BEFORE THEY WERE ARRESTED, BEFORE THEY HAD A REASON TO MAKE ALLEGATIONS AGAINST THEIR PARENTS, BEFORE THEY HAD A REASON TO SAY: "I THOUGHT MY FATHER AND MY MOTHER WERE GOING TO KILL ME"? IN THAT CONVERSATION WITH DR. OZIEL, THEY MAKE IT VERY CLEAR THAT THIS WAS A CRIME THAT THEY PREMEDITATED AND DELIBERATED. AND NO ABUSE IS MENTIONED. NO FEAR OF ATTACK BY THEIR PARENTS. AND THE WORDS OF LYLE MENENDEZ IN THAT TAPE -- AND THAT TAPE IS IN EVIDENCE AND YOU WILL BE ABLE TO HEAR IT AND READ THE TRANSCRIPT ONCE AGAIN. DO YOU REMEMBER LYLE MENENDEZ SAYING: "THERE WAS NO WAY I WAS GOING TO MAKE A DECISION TO KILL MY MOTHER WITHOUT ERIK'S CONSENT. I DIDN'T EVEN WANT TO INFLUENCE HIM IN THAT ISSUE. I JUST LET HIM SLEEP ON IT FOR A COUPLE OF DAYS." WELL, THIS PHRASE, LADIES AND GENTLEMEN: "I JUST LET HIM SLEEP ON IT FOR A COUPLE OF DAYS," IS THE ABSOLUTE PROOF POSITIVE OF PREMEDITATION. WHEN YOU SLEEP ON SOMETHING FOR A COUPLE OF DAYS, THAT IS ABSOLUTE PREMEDITATION. IF YOU CAN PREMEDITATE JUST BY LOOKING UP AND DOWN THE BLOCK AND CONSIDERING WHETHER OR NOT YOU SHOULD CROSS THE STREET AND JAYWALK BECAUSE THERE ARE NO POLICE AROUND -- WHEN YOU SLEEP ON SOMETHING FOR A COUPLE OF DAYS, WE ALL KNOW WHAT HE MEANS HERE. HE THOUGHT IT OVER. HE WEIGHED AND CONSIDERED. HE WANTED ERIK MENENDEZ TO WEIGH AND CONSIDER IT. THIS IS ABSOLUTELY INESCAPABLE PREMEDITATION AND DELIBERATION. AND THERE IS ABSOLUTELY NO WAY AROUND THIS. THIS IS THE PROSECUTOR'S DREAM STATEMENT RIGHT HERE. "I JUST LET HIM SLEEP ON IT FOR A COUPLE OF DAYS," BECAUSE THAT SAYS IT ALL. THAT SAYS IT ALL. THAT IS FIRST-DEGREE, PREMEDITATED MURDER. NO WAY OUT OF THAT PROPOSITION. THE CASE IS PROVEN BY THIS STATEMENT RIGHT HERE, BECAUSE GO BACK TO THE ELEMENTS. WAS THIS KILLING OF THE PARENTS INTENTIONAL? WELL, YES. LYLE MAKES IT VERY -- LYLE MENENDEZ MAKES IT VERY CLEAR IN THAT STATEMENT THAT IT WAS. WAS THERE INTENT TO KILL? YES. HE'S TALKING ABOUT: "I AM GOING TO KILL MY MOTHER. I AM GOING TO THINK ABOUT IT. I WANTED MY BROTHER, ERIK MENENDEZ, TO THINK ABOUT IT." SO OBVIOUSLY THERE WAS EXPRESS MALICE AFORETHOUGHT. THAT IS INTENT TO KILL BEFORE THEY WENT INTO THAT ROOM. WAS IT PREMEDITATED, DID HE CONSIDER IT BEFOREHAND? HE'S SAYING YES, HE DID CONSIDER IT BEFOREHAND. AND YOU KNOW WHAT PARTICULAR DAYS HE'S TALKING ABOUT. HE IS TALKING ABOUT FRIDAY WHEN HE PURCHASED THE GUNS IN SAN DIEGO, UP UNTIL SUNDAY. SO FOR THOSE TWO DAYS, THAT'S EXACTLY WHAT LYLE MENENDEZ IS TALKING ABOUT HERE. ONCE THEY HAD THE GUNS IN HAND, EVERYONE KNEW -- EVERYONE, I MEAN ERIK AND LYLE -- EVERYONE KNEW THAT THIS WAS A SERIOUS DEAL. THIS WAS A SERIOUS PROPOSITION. ARE THEY GOING TO DO IT OR NOT? AND THAT'S EXACTLY WHAT HE IS ADMITTING HERE. THEY HAD TWO DAYS TO THINK ABOUT IT. WAS THERE A CAREFUL THOUGHT AND WEIGHING OF CONSIDERATIONS FOR AND AGAINST THE PROPOSED COURSE OF ACTION? WELL, OF COURSE. IF YOU HAVE TWO DAYS TO THINK ABOUT IT, LADIES AND GENTLEMEN, OF COURSE YOU'RE GOING TO CONSIDER. AND IF YOU CAN MAKE THAT DECISION AND IT CONSTITUTES PREMEDITATION IN THE SECOND IT TAKES YOU TO JAYWALK OR THE SECOND IT TAKES YOU TO RUN THE LIGHT, WHEN YOU HAVE TWO DAYS TO THINK ABOUT IT. OBVIOUSLY THIS WAS PREMEDITATION. OBVIOUSLY THIS WAS A PREMEDITATED MURDER. NOW, THEY HAVE TO -- YOU WILL HEAR THE DEFENSE ATTORNEYS ARGUE THAT YOU SHOULD DISTRUST WHAT LYLE MENENDEZ IS SAYING IN THIS STATEMENT. THAT'S THE ONLY WAY THEY CAN GET OUT OF THIS, BECAUSE IF THIS IS TRUE -- IF THIS IS TRUE, THAT'S ABSOLUTELY PREMEDITATED MURDER. NO TWO WAYS ABOUT IT. SO THEIR ONLY RECOURSE IS TO SAY: "OH, DR. OZIEL WAS PUTTING WORDS IN OUR MOUTH, AND WE WERE JUST TELLING HIM WHATEVER HE WANTED TO HEAR," WHICH IS A PREPOSTEROUS ALLEGATION. I WILL GET MORE INTO THE TRUTHFULNESS OF THE STATEMENT LATER, BUT YOU HAVE TO RECOGNIZE THAT THIS IS AN ABSOLUTELY CLEAR CASE OF PREMEDITATED MURDER. [....] MR. CONN : BUT ONE OF THE MOST IMPORTANT THINGS THAT DETECTIVE ZOELLER TESTIFIED TO WAS THE RECOVERY OF THE DECEMBER 11TH TAPE. AND AS I INDICATED TO YOU, LADIES AND GENTLEMEN, THIS TAPE- RECORDING IS A STATEMENT OF THE DEFENDANTS. THEY ARE SITTING DOWN. THEY ARE TALKING TO DETECTIVE OZIEL -- DR. OZIEL, AND THIS WAS BEFORE THEY WERE ARRESTED. THIS WAS BEFORE THEY HAD A REASON TO FABRICATE STORIES OF CHILD ABUSE. THIS WAS BEFORE THEY HAD A REASON TO FABRICATE THE HOSTILE AND TRAUMATIC EVENTS OF AUGUST THE 20TH OF 1989 MANY. AND SO, LADIES AND GENTLEMEN, I WOULD SUBMIT TO YOU THAT THIS IS A POWERFUL PIECE OF EVIDENCE WHICH IS MUCH, MUCH CLOSER TO THE TRUTH THAN ANYTHING YOU HEARD FROM ERIK MENENDEZ AS HE WAS ON THAT WITNESS STAND. FOR ALL PRACTICAL PURPOSES, LADIES AND GENTLEMEN, THIS IS THE SMOKING GUN IN THIS CASE. IF THERE IS ONE PIECE OF EVIDENCE THAT IS A SMOKING GUN, IT IS THIS, BECAUSE IT IS VERY CLEAR FROM THIS TAPE THAT THIS WAS A PREMEDITATED AND DELIBERATE KILLING. YOU KNOW NOW THE ELEMENTS OF PREMEDITATION -- THE ELEMENTS OF FIRST-DEGREE MURDER, I SHOULD SAY, WHAT PREMEDITATION AND DELIBERATION IS. AND YOU KNOW IT'S JUST A MATTER OF THINKING ABOUT IT, WEIGHING IT AND SAYING, "OKAY, I'LL DO IT." THAT'S ALL IT IS. AND THIS TELLS YOU, LADIES AND GENTLEMEN, VERY CLEARLY, THAT THESE TWO DEFENDANTS PREMEDITATED THE COLD-BLOODED KILLNG OF THEIR PARENTS. NOW, I'D LIKE TO GO THROUGH SOME OF THESE STATEMENTS THAT THE DEFENDANTS MAKE ON THIS TAPE. LYLE MENENDEZ DESCRIBES HIS MOTHER AS ALWAYS BEING VERY GOOD AT STRESSFUL SITUATIONS, VERY CALM. ISN'T THAT A VERY DIFFERENT PICTURE FROM WHAT WE HEARD IN THIS COURTROOM? YOU SEE, NOW THERE IS A REASON TO MAKE KITTY MENENDEZ OUT TO BE A MONSTER. YOU BET YOUR LIFE EVERY TIME A WITNESS TOOK THAT STAND, A COUSIN OR AN AUNT, AND TRIED TO PORTRAY KITTY AS AN IRRATIONAL, UNPREDICTABLE WOMAN, YOU CAN BE SURE ERIK MENENDEZ AND LYLE MENENDEZ WERE SITING THERE THINKING, "GO TEAM, GO. THAT'S THE WAY TO DO IT." THAT'S EXACTLY WHAT THEY WANT. AND YET, WHY IS LYLE MENENDEZ, WHEN HE'S TALKING TO DR. OZIEL BACK ON DECEMBER THE 11TH -- AND WE KNOW THE DATE NOW. THIS IS DECEMBER THE 11TH OF 1989, JUST A FEW MONTHS AFTER THE KILLING. WHY IS LYLE MENENDEZ DESCRIBING HER AS VERY GOOD AT STRESSFUL SITUATIONS, VERY CALM? LYLE MENENDEZ, IN SPEAKING ABOUT HIS MOTHER, THE KILLING OF HIS MOTHER, DESCRIBES IT AS ONE OF THE HARDER DECISIONS, UNLIKE THE KILLING OF THE FATHER, WHICH HE SAID: "WELL -- WELL, HE SHOULD BE KILLED. THERE'S NO QUESTION." THE WORDS THAT HE USED, HE SAYS: "AND FOR MY MOTHER'S SAKE, I THOUGHT THAT WE HAD TO COME TO LIKE WHAT I WAS SAYING BEFORE. WE HAD TO MAKE A DECISION. IT WAS ONE OF THE HARDER ONES, AND IT WAS A SEPARATE ISSUE. HE'S THE REASON. MY FATHER SHOULD BE KILLED. THERE'S NO QUESTION. WHAT HE'S DOING IS -- HE'S IMPOSSIBLE TO LIVE WITH FOR MYSELF." HE GOES ON TO TALK ABOUT HOW -- VERY SIGNIFICANT STATEMENT OF THE DEFENDANT -- WHICH IS SO FAR CONTRARY TO THE PORTRAIT THAT THEY NOW TRY TO PRESENT OF THEIR PARENTS. IT TELLS YOU A GREAT DEAL ABOUT HOW MUCH LOVE JOSE MENENDEZ HAD FOR HIS SONS, BECAUSE LYLE MENENDEZ ADMITS -- AND I EVEN QUESTIONED ERIK MENENDEZ ABOUT THIS WHILE HE WAS ON THE STAND, AND ERIK MENENDEZ DOESN'T DENY THE TRUTHFULNESS OF THIS ASSERTION -- THAT JOSE MENENDEZ CRIED WHEN HE HEARD ABOUT THE CALABASAS INCIDENT, AND JOSE MENENDEZ CRIED WHEN HE HEARD ABOUT HIS SON'S FAILURE IN PRINCETON. THIS TELLS YOU A GREAT DEAL, LADIES AND GENTLEMEN, ABOUT THE COMPASSION AND THE LOVE THAT JOSE MENENDEZ HAD FOR HIS SONS. IS THIS THE KIND OF MAN WHO WOULD BE ABUSING HIS SONS? HE SAID -- LYLE MENENDEZ SAYS: "AFTER THE CALABASAS ISSUE, HE CRIED, AND WE WERE TOGETHER. WE WERE CLOSE. THIS WAS THE FIRST TIME HE EVER CRIED IN FRONT OF ME." AND HE LATER GOES ON TO SAY: "HE CRIED AFTER THE CALABASAS ISSUE, AFTER I SAID THAT, YOU KNOW, ERIK AND I WERE VERY SORRY, AND THE WHOLE DEAL -- AND I'M SORRY FOR ALL THE TROUBLE THAT YOU WERE CAUSED THROUGH THIS WHOLE ISSUE," AND HE CRIED, AND HE FELT -- I THINK HE CRIED A LOT AFTER THE PRINCETON ISSUE, AND I CAME TO HIM AND I SAID THIS AND THAT." AGAIN, THEY WANT YOU TO SEE JOSE MENENDEZ AS A COLD MONSTER.
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