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♪♪
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♪♪
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♪♪
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Welcome to
"How It Really Happened."
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I'm Hill Harper.
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It was a hot August night
in 1989
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when media titan José Menéndez
and his wife, Kitty,
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were gunned down in cold blood
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in their multimillion-dollar
Beverly Hills mansion.
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The gruesome double murder
shocked residents
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of this well-heeled hamlet
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and would later transfix
a nation drawn
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to the lurid testimony playing
live from a Van Nuys courtroom,
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but for the first several months
following the murders,
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the world would be riveted
by one of the most publicized
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whodunits in history,
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and it was straight out
of a Hollywood film noir.
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But how did it really happen?
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♪♪
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Velez-Mitchell: Beverly Hills
represents wealth,
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represents exclusivity.
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Prettiest people,
the fanciest cars.
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Crimes happen all over L.A.,
but rarely in Beverly Hills.
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Beverly Hills, California,
averages two murders a year,
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and in August 20, 1989,
their quota was filled.
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♪♪
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The phone rang, and it was
the watch commander indicating
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that I needed
to respond to the station.
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They had a double homicide
at 722 North Elm.
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Reporter: The first patrol car
pulls up.
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Erik Menéndez is curled up
in a ball,
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weeping hysterically
on the front lawn.
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At this time, we have
two deceased persons inside,
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a male and a female.
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They escorted me into the home
to show me the crime scene.
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As you enter, there is
a large double door
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directly in front of you.
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♪♪
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The -- The victims were
in their home, you know,
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watching TV,
having dessert, relaxing.
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Apparently, that's where
they started shooting
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the second they were
in the room.
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Fogg: Mr. Menéndez was sitting
on the couch
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and quite a bit of trauma
to the legs,
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to the head, to the torso,
just immense carnage on --
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on the body itself.
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Just below, on the floor
between the coffee table
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and the couch, was
Mrs. Menéndez, Kitty Menéndez.
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In my 38 years
in law enforcement,
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I've seen murder victims
and I've seen suicide victims,
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but the condition in which
these two bodies were in
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just I'll never forget
the look.
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They were basically
unrecognizable.
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The way movies depict
a crime scene
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is tamer often
than what it really is.
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It's always shocking,
the amount of blood.
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It's more than you can fathom.
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Fogg:
Occasionally, you would hear
a flop here and a flop there,
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and that would've been the
tissue falling down from the --
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the bookcases or the ceiling.
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My partner needed to hold an
umbrella over my head and camera
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so that it would
protect us both
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from the types
of tissue falling down.
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Edmonds: When they picked up
José's body,
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the brain fell out of his head.
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It was just a -- a scene you
don't want to see very often.
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♪♪
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It was quarter to 12:00,
12:00 at night,
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and the phone woke us up.
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Erik was screaming on the phone,
"My father is dead!
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My father is dead!"
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The house was cordoned off
already with that yellow tape.
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There was a number
of police cars.
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They blocked off the traffic,
no traffic.
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Lyle was on the sidewalk
talking to one or two
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either policemen or detectives.
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The police show up
at the scene,
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and there are
these two distraught sons,
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these two boys,
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and they've just found
their parents murdered.
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Lyle and Erik Menéndez,
the brothers,
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they had a good reputation.
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They were good students.
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They were great tennis players.
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Heffernan: I was quite close
to them at that time,
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and I felt like they needed me.
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We went down to the police
station, and I went with them.
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I interviewed the two boys,
Lyle and Erik,
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and Erik was very,
very tearful
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and told me that they had been
to a food festival
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and a movie in Santa Monica.
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And when they came in,
they entered the house,
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they found their parents
deceased.
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I tried to console him and then
tried to get information
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as to who would've
possibly done this.
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Camerota: The first hours
after the crime,
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the police are scrubbing
the crime scene,
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and they're looking
for DNA evidence.
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They're looking
for fingerprints.
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They are looking
for eyewitnesses
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and for what people
might have heard,
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particularly when the crime
is gunshots.
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♪♪
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I believe,
at 10:00 in the evening,
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the neighbors heard a banging
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but did not want
to get involved.
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It sounded like
[Imitates gunshots]
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Shotgun blasts
over and over again --
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you're talking, you know, a good
16 shots with a shotgun blast.
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Nobody called the police,
which is very surprising.
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They call on barking dogs
all the time in Beverly Hills,
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and parking violations.
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I remember first hearing
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about the Menéndez murders
on local TV,
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and it seemed
completely unreal.
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The names of the victims
that we have
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is Joseph Enrique Menéndez,
45 years old,
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and his wife, Mary
or Kitty Louise Menéndez,
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44 years old.
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Who could get into the home
and creep up on them
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as they're watching TV,
you know, in their den?
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There was no real struggle.
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How did the perpetrator
do that?
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Reporter: People in this quiet,
exclusive neighborhood
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remain surprised
at the murders.
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Woman: It said Beverly Hills,
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and I thought it was
somewhere else, you know?
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Reporter: Why?
Why'd you think that?
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Well, I didn't think
it would be here, right --
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right where
I come to work at.
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After what happened here
last night,
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some of the neighbors
are worried and afraid.
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We don't know if this is
an isolated incident.
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Fogg: There was an urgency
that we needed to solve this --
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this case,
not only for the victims
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but for the community
at large.
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Was it a gang-related
type thing?
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Was it a Mafia-related
type thing?
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This was a horrific crime.
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Reporter: Police have
no conclusive evidence.
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Who hated them?
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Who had they crossed?
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♪♪
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Reporter: It happened
at this mansion
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in the heart of Beverly Hills.
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At approximately
11:47 P.M. last night,
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we received a call
on our 911 emergency line
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from the residents stating
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that there had been
a shooting here.
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On the night José
and Kitty Menéndez were killed,
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Erik and Lyle Menéndez,
you know, made this 911 call.
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Reporter: All morning,
detectives and technicians
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from the crime lab
continued to look for clues
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behind the huge oak doors
and the ornate windows.
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Heffernan:
This was all about loss.
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They had lost their parents,
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and it was a huge issue of loss
and immediate grief.
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♪♪
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Lyle: It's really hard
to describe the --
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the feelings, just the shock,
just not believing
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that this was happening
and that my parents were dead.
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Rand: There were three
memorial services
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for José and Kitty Menéndez.
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There was a third memorial
service that was held
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in late September '89,
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about a month
after the murders,
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for the Cuban-American
relatives in Miami,
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and Erik and Lyle
didn't show up.
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They told their aunt that
they were just too emotional.
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♪♪
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Camerota: In the days
following the crime,
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police were confused,
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and they were baffled.
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You had two dead people in
a high-class residential area,
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which is like a red light to
the press and to this community.
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And we had no leads, zero.
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Reporter: Is it as much of a
mystery to everyone around here
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as it seems to be
to the police right now?
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Yeah.
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I mean, we just have no clue
how --
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how anything like
that could -- could happen.
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♪♪
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The goal
was to solve the crime.
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We checked everything
trying to find some evidence
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that possibly
the crooks left.
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We found quite a bit of shotgun
pellets that were left behind,
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and those were everything
from bird shot,
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which is very small,
to double-ought buck,
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which is very large.
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There was some pieces of wadding
in there
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from the shotgun rounds.
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I believe that there were 13
of those that we recovered
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throughout the floor,
but the interesting fact
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was the expended cartridge cases
were all picked up.
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And fingerprints on
a plastic shotgun shell
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would be pretty darn good
for fingerprints.
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So it was a very calculated move
on the suspects' part
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of trying to collect
as much evidence as possible.
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Why they didn't pick up the --
the wadding, I don't know.
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Camerota: So when a crime
happens in Beverly Hills,
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the first kind of snap judgement
you would make is,
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"Oh, robbery.
This involves money."
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There were no apparent signs
of a forced entry.
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We're uncertain,
as of this time,
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as to how whoever committed
the crime
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actually got into the home.
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00:11:46,116 --> 00:11:47,376
Curtis: Was it a robbery?
Probably not,
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because we don't believe
there was any property missing.
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The next thing the police
have to do is,
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what could be the connection
between the murderers
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and the victims?
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00:12:00,466 --> 00:12:03,166
There were a lot of signs
at the scene
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00:12:03,200 --> 00:12:07,280
that indicated there was
some type of relationship,
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00:12:07,316 --> 00:12:11,296
that the killer and the victims
knew each other in some way.
215
00:12:11,333 --> 00:12:13,353
A lot of the shooting occurred
very close
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because Mr. Menéndez was sitting
on the couch,
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and right on the arm
of the couch was a remote
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that did not fall off.
219
00:12:22,166 --> 00:12:25,076
Also, the coffee table
immediately in front
220
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of both victims,
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00:12:27,166 --> 00:12:29,196
the items on that
were not disturbed,
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00:12:29,233 --> 00:12:34,483
so the shooters were very,
very close-range, point-blank.
223
00:12:36,300 --> 00:12:39,250
Camerota:
They would start looking
at Kitty and José Menéndez
224
00:12:39,283 --> 00:12:41,233
about who their enemies were.
225
00:12:41,266 --> 00:12:44,216
The initial media speculation
about the Menéndez murders
226
00:12:44,250 --> 00:12:47,220
was that it was somehow related
to the entertainment business.
227
00:12:47,250 --> 00:12:50,420
Curtis: It's my understanding
that it was the two boys,
228
00:12:50,450 --> 00:12:53,250
Erik and Lyle,
who also indicated early on
229
00:12:53,283 --> 00:12:55,303
that this might be
a Mafia involvement.
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00:12:55,333 --> 00:12:58,053
Johnson: When José and Kitty
were murdered,
231
00:12:58,083 --> 00:13:00,423
the original idea
was that it was supposedly
232
00:13:00,450 --> 00:13:03,150
because José's business dealings
233
00:13:03,183 --> 00:13:06,033
previously had an arm
of their company
234
00:13:06,066 --> 00:13:08,346
that dealt in soft-core porn.
235
00:13:08,383 --> 00:13:11,403
I was, at the time, working in
a suburban bureau
236
00:13:11,433 --> 00:13:13,133
of theLos Angeles Times,
237
00:13:13,166 --> 00:13:16,216
and I was covering
the pornography industry.
238
00:13:16,250 --> 00:13:19,180
There had been a previous
mob hit of a pornographer
239
00:13:19,216 --> 00:13:20,996
in Los Angeles
just the year before,
240
00:13:21,033 --> 00:13:24,423
and I started looking into
the allegations of a mob hit.
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00:13:24,450 --> 00:13:28,220
Reporter: TheLos Angeles Times
is reporting organized crime
242
00:13:28,250 --> 00:13:30,380
may have played a part
in the murders.
243
00:13:33,000 --> 00:13:37,150
So Doug Plog and I
went to Newark...
244
00:13:40,050 --> 00:13:44,180
...and interviewed a guy that
was part of organized crime.
245
00:13:44,216 --> 00:13:45,476
He said, "We wouldn't have
been as messy,"
246
00:13:46,016 --> 00:13:48,166
because we described
to him what happened,
247
00:13:48,200 --> 00:13:50,280
"And we wouldn't have
killed his wife."
248
00:13:50,316 --> 00:13:52,326
Reporter: Police have no
conclusive evidence
249
00:13:52,366 --> 00:13:54,366
that the shooting
was mob-related
250
00:13:54,400 --> 00:13:57,250
and would not comment
on the alleged mob connection
251
00:13:57,283 --> 00:14:00,353
other than to say
they are not ruling it out.
252
00:14:00,383 --> 00:14:02,273
There was speculation
in the media that,
253
00:14:02,300 --> 00:14:04,200
because José was Latino,
254
00:14:04,233 --> 00:14:07,283
that there was some type
of drug connection.
255
00:14:07,316 --> 00:14:14,076
So then we profiled José to see
if he had any connections,
256
00:14:14,116 --> 00:14:16,026
and it was all dead-end stuff.
257
00:14:16,066 --> 00:14:17,996
Camerota: At the same time
the police are doing
258
00:14:18,033 --> 00:14:19,103
their investigation,
259
00:14:19,133 --> 00:14:22,183
these twoL.A. Times
print reporters,
260
00:14:22,216 --> 00:14:25,116
who were looking into this
very spectacular,
261
00:14:25,150 --> 00:14:30,230
gruesome case, the reporters
went to talk to the brothers.
262
00:14:30,266 --> 00:14:32,416
When confronted with
a sensational murder,
263
00:14:32,450 --> 00:14:34,250
you want to talk
to the family.
264
00:14:34,283 --> 00:14:39,303
My colleague, Ron Soble, and I
visited them at their mansion.
265
00:14:39,333 --> 00:14:43,103
It had been only a few weeks,
and so I walked in fully
266
00:14:43,133 --> 00:14:46,303
expecting to see
two traumatized young men,
267
00:14:46,333 --> 00:14:51,303
and with Lyle, there --
there wasn't any trace of that.
268
00:14:51,333 --> 00:14:53,483
He had some ideas
to start businesses.
269
00:14:54,016 --> 00:14:57,276
He was much more interested in
talking about his business plans
270
00:14:57,316 --> 00:15:01,476
than he was about what happened
with his father and mother.
271
00:15:02,016 --> 00:15:06,126
Erik took his cues from Lyle
in trying to show that he was,
272
00:15:06,166 --> 00:15:10,146
you know, ready to assume
the mantle of adulthood.
273
00:15:10,183 --> 00:15:12,253
We had a strong suspicion
at that point
274
00:15:12,283 --> 00:15:15,103
that there was something Lyle
and Erik were not telling.
275
00:15:15,133 --> 00:15:18,003
Something wasn't right.
276
00:15:23,166 --> 00:15:24,996
Bye!
277
00:15:25,033 --> 00:15:26,303
Bye, everyone!
278
00:15:26,333 --> 00:15:32,003
♪♪
279
00:15:32,033 --> 00:15:37,223
♪♪
280
00:15:37,250 --> 00:15:40,280
My editor at theMiami Herald
wanted me to write a biography
281
00:15:40,316 --> 00:15:44,146
about the fascinating life
of José Menéndez,
282
00:15:44,183 --> 00:15:47,223
Cuban-American
rags-to-riches success story
283
00:15:47,250 --> 00:15:49,100
that ended in this
horrible tragedy.
284
00:15:49,133 --> 00:15:52,123
We lost a friend as --
as well as a -- a --
285
00:15:52,150 --> 00:15:54,020
a business associate.
286
00:15:54,050 --> 00:15:55,180
Rand: The people
that worked with him
287
00:15:55,216 --> 00:15:57,176
at Live Entertainment
tended --
288
00:15:57,216 --> 00:16:01,416
tended to like José very much,
admire him very much.
289
00:16:01,450 --> 00:16:05,320
José worked like a demon
to succeed in America,
290
00:16:05,350 --> 00:16:07,120
and he did.
291
00:16:07,150 --> 00:16:11,420
♪♪
292
00:16:11,450 --> 00:16:13,350
Reporter:
45-year-old José Menéndez
293
00:16:13,383 --> 00:16:17,073
was a talented, tough-minded
show-business exec.
294
00:16:17,100 --> 00:16:20,020
When he left Cuba at 16,
he was penniless.
295
00:16:20,050 --> 00:16:24,330
Well, José was the youngest
child in a family in Cuba.
296
00:16:24,366 --> 00:16:26,216
Although they weren't rich,
297
00:16:26,250 --> 00:16:28,320
they were certainly
a well-respected family
298
00:16:28,350 --> 00:16:32,070
and considered themselves
part of the Cuban elite.
299
00:16:35,000 --> 00:16:38,350
When Castro came to power,
they lost everything they --
300
00:16:38,383 --> 00:16:42,473
they had, and, you know,
his family gradually,
301
00:16:43,000 --> 00:16:45,280
one after the other, left Cuba.
302
00:16:45,316 --> 00:16:47,046
The company is broad-based,
303
00:16:47,083 --> 00:16:52,023
and it provides pretty much
what the consumer wants.
304
00:16:52,050 --> 00:16:55,300
Edmonds: He started off working
at Hertz as an executive
305
00:16:55,333 --> 00:16:58,483
and worked himself up
like a rocket,
306
00:16:59,016 --> 00:17:01,046
really a brilliant guy.
307
00:17:01,083 --> 00:17:04,273
Rand: When José Menéndez was
a top executive
308
00:17:04,300 --> 00:17:05,470
with Hertz Rent a Car,
309
00:17:06,000 --> 00:17:08,120
O.J. Simpson actually came
for dinner one night
310
00:17:08,150 --> 00:17:11,080
to the Menéndez home
in Princeton, New Jersey,
311
00:17:11,116 --> 00:17:13,076
and he met Erik
and Lyle Menéndez
312
00:17:13,116 --> 00:17:16,226
when they were young boys,
and from Hertz,
313
00:17:16,266 --> 00:17:18,476
he was named head
of RCA Records.
314
00:17:19,016 --> 00:17:21,196
José Menéndez,
he was very successful,
315
00:17:21,233 --> 00:17:25,083
but it came out that he also
had a bit of a dark side.
316
00:17:26,300 --> 00:17:27,430
Johnson: Everybody
who encountered him
317
00:17:27,466 --> 00:17:29,366
said one of two things
about him.
318
00:17:29,400 --> 00:17:33,250
He could charm anyone
and, at the same time,
319
00:17:33,283 --> 00:17:36,003
could be the most brutal boss
320
00:17:36,033 --> 00:17:38,173
that anybody
had ever worked for.
321
00:17:38,200 --> 00:17:41,150
Vicary: At work,
he was a holy terror.
322
00:17:41,183 --> 00:17:47,273
I mean, he would yell, scream,
degrade, insult,
323
00:17:47,300 --> 00:17:50,200
and the employees
were terrified of him.
324
00:17:50,233 --> 00:17:52,233
It began to raise questions
325
00:17:52,266 --> 00:17:57,026
about what kind of person
he was behind closed doors.
326
00:17:57,066 --> 00:17:58,346
Reporter:
47-year-old Kitty Menéndez
327
00:17:58,383 --> 00:18:00,323
was a former
small-town beauty queen
328
00:18:00,350 --> 00:18:04,120
who met her future husband
at a college debating class.
329
00:18:04,150 --> 00:18:06,380
When José met her, you know,
he --
330
00:18:06,416 --> 00:18:13,046
he was a brash, handsome guy
with wavy, dark hair, 6'1",
331
00:18:13,083 --> 00:18:15,203
and he swept her
right off her feet.
332
00:18:17,200 --> 00:18:19,370
Camerota: According to Lyle,
her son,
333
00:18:19,400 --> 00:18:23,220
Kitty Menéndez
was miserable in her marriage,
334
00:18:23,250 --> 00:18:26,320
and she wasn't trying
to hide that.
335
00:18:48,083 --> 00:18:50,033
It's very hard not to feel
for Kitty.
336
00:18:50,066 --> 00:18:53,046
She seemed trapped in a marriage
she didn't know what to do about
337
00:18:53,083 --> 00:18:55,133
with a man who
was obviously very difficult.
338
00:18:55,166 --> 00:18:58,066
Kitty Menéndez was
the doormat in the family,
339
00:18:58,100 --> 00:19:01,250
and she allowed everyone
in the family
340
00:19:01,283 --> 00:19:02,473
to treat her like a doormat.
341
00:19:03,000 --> 00:19:05,100
I think that the father
treated her with no respect,
342
00:19:05,133 --> 00:19:07,153
and therefore her sons
treated her with no respect.
343
00:19:07,183 --> 00:19:10,403
José did, to his associates,
344
00:19:10,433 --> 00:19:14,023
praise his sons filled
with admiration.
345
00:19:14,050 --> 00:19:18,150
At the same time, it was filled
with expectation.
346
00:19:18,183 --> 00:19:21,403
Vicary: The first thing were
the indoctrination of the sons
347
00:19:21,433 --> 00:19:24,373
by the father,
who would sit them down
348
00:19:24,400 --> 00:19:29,270
in a chair in the basement
for hours at a time.
349
00:19:29,300 --> 00:19:31,030
Johnson: Especially Lyle.
350
00:19:31,066 --> 00:19:33,066
Apparently, he would, like,
almost put his forehead
351
00:19:33,100 --> 00:19:35,430
against his forehead
and, like,
352
00:19:35,466 --> 00:19:41,216
to try to inculcate in him
his winner-take-all philosophy.
353
00:19:41,250 --> 00:19:46,330
Vicary: The Menéndez family
was like a royal family,
354
00:19:46,366 --> 00:19:50,146
that, "We were better
than other people,
355
00:19:50,183 --> 00:19:54,183
that we were
athletically gifted.
356
00:19:54,216 --> 00:19:55,276
We were smarter."
357
00:19:55,316 --> 00:19:58,226
Johnson: I think the most
dangerous thing he did
358
00:19:58,266 --> 00:20:02,276
was to teach them the lesson
that if you want something,
359
00:20:02,316 --> 00:20:07,016
go for it, and don't worry about
what you may do to people.
360
00:20:07,050 --> 00:20:09,450
Things began to escalate.
361
00:20:31,233 --> 00:20:33,053
The ends justifies the means,
362
00:20:33,083 --> 00:20:35,153
and that's what
he taught his kids.
363
00:20:35,183 --> 00:20:40,453
♪♪
364
00:20:40,483 --> 00:20:41,473
Rand: About a year and a half
365
00:20:42,000 --> 00:20:43,420
before José and Kitty
were killed,
366
00:20:43,450 --> 00:20:45,270
Erik and Lyle Menéndez
were involved
367
00:20:45,300 --> 00:20:50,080
in some burglaries in Calabasas
where the family was living.
368
00:20:50,116 --> 00:20:53,016
These two had more of
a checkered past
369
00:20:53,050 --> 00:20:55,070
than the family ever let on.
370
00:20:55,100 --> 00:20:57,420
Johnson: One of their friend's
parents had gone away.
371
00:20:57,450 --> 00:21:00,100
From what I understand,
it was Lyle's idea
372
00:21:00,133 --> 00:21:04,153
to break into the house and
steal jewelry from the people.
373
00:21:04,183 --> 00:21:07,133
It's a way of directing
their frustration
374
00:21:07,166 --> 00:21:10,066
and resentment and anger
and acting out.
375
00:21:10,100 --> 00:21:14,350
In an attempt to keep
Lyle Menéndez out of trouble,
376
00:21:14,383 --> 00:21:17,353
because he was over 18,
basically,
377
00:21:17,383 --> 00:21:21,303
Erik Menéndez took the fall for
these burglaries in Calabasas,
378
00:21:21,333 --> 00:21:25,083
and José Menéndez made a deal
with the DA's office
379
00:21:25,116 --> 00:21:28,446
that Erik would be charged
as a juvenile.
380
00:21:28,483 --> 00:21:30,173
They couldn't stay
in Calabasas
381
00:21:30,200 --> 00:21:33,050
because their sons had burgled
the neighbor's houses,
382
00:21:33,083 --> 00:21:36,433
and so they moved
to Beverly Hills.
383
00:21:36,466 --> 00:21:40,466
For them, that was the ultimate
in showing success.
384
00:21:43,233 --> 00:21:45,473
Rand: When the Menéndez family
moved to Beverly Hills,
385
00:21:46,000 --> 00:21:48,020
one of Kitty's closest friends
said,
386
00:21:48,050 --> 00:21:49,300
"Kitty, you finally made it.
387
00:21:49,333 --> 00:21:52,253
You've got your 90210 zip code."
388
00:21:52,283 --> 00:21:56,033
Kitty: Erik?
389
00:21:56,066 --> 00:21:59,346
Hello, everyone out there
in TV land!
390
00:21:59,383 --> 00:22:02,423
Rand: This was a family that was
perfect on the outside,
391
00:22:02,450 --> 00:22:04,430
but the perfect family
turned out
392
00:22:04,466 --> 00:22:07,266
to actually be a nightmare
in real life.
393
00:22:07,300 --> 00:22:10,420
Bye!
Bye, everyone!
394
00:22:18,150 --> 00:22:19,250
Who could've brutally murdered
the Hollywood executive
395
00:22:19,283 --> 00:22:21,133
and his beauty-queen wife?
396
00:22:21,166 --> 00:22:22,396
For months,
the public breathlessly
397
00:22:22,433 --> 00:22:24,283
followed every lead.
398
00:22:24,316 --> 00:22:27,296
Was it a mob hit,
a drug deal gone bad?
399
00:22:27,333 --> 00:22:29,253
They all seemed to be dead ends,
400
00:22:29,283 --> 00:22:32,153
but behind the scenes,
the trail was getting hotter.
401
00:22:32,183 --> 00:22:35,333
Beverly Hills police detectives
and two newspaper reporters
402
00:22:35,366 --> 00:22:39,276
were zeroing in simultaneously
on two prime suspects.
403
00:22:39,316 --> 00:22:42,046
If the secret investigations
proved true,
404
00:22:42,083 --> 00:22:45,473
the revelation would rock
the case and the country.
405
00:22:46,000 --> 00:22:51,230
♪♪
406
00:22:51,266 --> 00:22:58,146
♪♪
407
00:22:58,183 --> 00:23:00,073
Vicary: This was
a horrific crime
408
00:23:00,100 --> 00:23:02,330
in a very prominent family,
409
00:23:02,366 --> 00:23:05,076
and it was a mystery
as to what had happened.
410
00:23:09,300 --> 00:23:14,050
In October of 1989,
I came out to Los Angeles
411
00:23:14,083 --> 00:23:17,183
to work on my biography
of José Menéndez
412
00:23:17,216 --> 00:23:19,266
for theMiami Herald
Sunday magazine.
413
00:23:19,300 --> 00:23:24,020
♪♪
414
00:23:24,050 --> 00:23:25,380
Marta Cano, their aunt, said,
415
00:23:25,416 --> 00:23:27,096
"You have to talk
to the brothers
416
00:23:27,133 --> 00:23:29,333
to really understand
the Menéndez family."
417
00:23:29,366 --> 00:23:31,166
At a certain point
in the interview,
418
00:23:31,200 --> 00:23:33,370
I, you know,
gently said to Erik, "I --
419
00:23:33,400 --> 00:23:35,050
I need to ask you
a few questions
420
00:23:35,083 --> 00:23:37,153
about the night of the murders."
421
00:23:48,283 --> 00:23:52,153
He told me repeatedly
how close the family was,
422
00:23:52,183 --> 00:23:54,103
how much he loved his parents,
423
00:23:54,133 --> 00:23:58,023
and he told me what a shock
it was to walk in and --
424
00:23:58,050 --> 00:24:00,170
and see his parents.
425
00:24:09,200 --> 00:24:12,280
As we were walking around
the house,
426
00:24:12,316 --> 00:24:14,366
straight back
from the main foyer
427
00:24:14,400 --> 00:24:18,000
was the room where José
and Kitty had been killed,
428
00:24:18,033 --> 00:24:20,473
and I felt a chill
as I walked by the room,
429
00:24:21,000 --> 00:24:22,300
and I thought to myself,
430
00:24:22,333 --> 00:24:24,423
"if my parents had been killed
in this house,
431
00:24:24,450 --> 00:24:25,480
had been brutally murdered,
432
00:24:26,016 --> 00:24:28,246
I wouldn't be living
in this house."
433
00:24:32,150 --> 00:24:34,270
We had put in several
interview requests,
434
00:24:34,300 --> 00:24:40,070
and they finally agreed to sit
down with us at their mansion.
435
00:24:40,100 --> 00:24:42,270
It started out just as
any interview
436
00:24:42,300 --> 00:24:45,020
that any journalist would do
with the survivor of a family.
437
00:24:45,050 --> 00:24:47,200
You want to draw them out
and see what --
438
00:24:47,233 --> 00:24:49,423
what they might know as --
as much as anything,
439
00:24:49,450 --> 00:24:54,450
and so I finally
just asked the --
440
00:24:54,483 --> 00:24:56,233
the question
that all of us journalists
441
00:24:56,266 --> 00:24:58,226
are embarrassed to ask,
but we ask anyway
442
00:24:58,266 --> 00:25:00,276
because you never know
what somebody will say,
443
00:25:00,316 --> 00:25:02,476
which is, "How are you doing?"
444
00:25:03,016 --> 00:25:07,316
And Lyle said, "Well, it's been
kind of a long time now,"
445
00:25:07,350 --> 00:25:09,380
and remember, this has only been
a couple of months,
446
00:25:09,416 --> 00:25:12,996
"so we're pretty much over it."
447
00:25:13,033 --> 00:25:15,303
The only thing I could
compare it to was somebody
448
00:25:15,333 --> 00:25:18,373
who might have lost a pet
that they cared about,
449
00:25:18,400 --> 00:25:20,470
but, you know,
you can get a new pet.
450
00:25:21,000 --> 00:25:23,230
These two print reporters
from theL.A. Times
451
00:25:23,266 --> 00:25:26,326
were not the only ones
who were picking up
452
00:25:26,366 --> 00:25:30,276
on the strange response
and reaction
453
00:25:30,316 --> 00:25:32,166
from the boys to the crime.
454
00:25:32,200 --> 00:25:34,080
There was just something
about them
455
00:25:34,116 --> 00:25:36,326
that did not sit right with me,
456
00:25:36,366 --> 00:25:39,266
especially when I needed
to take an inked
457
00:25:39,300 --> 00:25:42,080
set of fingerprints
from Lyle Menéndez,
458
00:25:42,116 --> 00:25:45,116
and I asked Lyle,
"Can we go into the house.
459
00:25:45,150 --> 00:25:46,280
Is -- Would that be all right?"
460
00:25:46,316 --> 00:25:48,476
As soon as we were in the foyer,
he looked over at me,
461
00:25:49,016 --> 00:25:51,016
and he said,
"Is that where it happened?"
462
00:25:51,050 --> 00:25:53,000
And I looked at him like,
463
00:25:53,033 --> 00:25:55,283
"You're the one who discovered
this, not me."
464
00:25:55,316 --> 00:26:00,276
He looked like he just blew it.
465
00:26:00,316 --> 00:26:02,476
Edmonds: He wanted to know
if we had leads
466
00:26:03,016 --> 00:26:04,326
and were solving the crime.
467
00:26:04,366 --> 00:26:07,446
He was overdramatic actually,
468
00:26:07,483 --> 00:26:11,003
and that's
when we were starting to --
469
00:26:11,033 --> 00:26:14,153
had our eyebrows
up about him.
470
00:26:14,183 --> 00:26:19,003
Behind the scenes, the police
were quietly finding clues
471
00:26:19,033 --> 00:26:20,383
that they did not share.
472
00:26:23,250 --> 00:26:25,000
Fogg: There was quite a bit
of evidence,
473
00:26:25,033 --> 00:26:27,253
computers that were
in the home.
474
00:26:31,066 --> 00:26:33,326
Right around the time
of my deadline,
475
00:26:33,366 --> 00:26:36,366
theL.A. Times
that Lyle Menéndez
476
00:26:36,400 --> 00:26:39,320
had hired a computer expert
to come to the house
477
00:26:39,350 --> 00:26:44,150
and look for a possible will on
the family's home computer.
478
00:26:44,183 --> 00:26:46,173
Johnson: We found out
that they had hired
479
00:26:46,200 --> 00:26:48,480
a computer expert to come in
480
00:26:49,016 --> 00:26:50,216
and erase the computer file
481
00:26:50,250 --> 00:26:53,450
because Kitty was rewriting
the family will,
482
00:26:53,483 --> 00:26:55,273
and she had let it be known
483
00:26:55,300 --> 00:26:57,470
that she was thinking
of changing the will
484
00:26:58,000 --> 00:27:00,230
so that they wouldn't be
able to inherit anything.
485
00:27:00,266 --> 00:27:06,196
♪♪
486
00:27:06,233 --> 00:27:10,003
The boys were engaging
in all sorts of odd behavior.
487
00:27:10,033 --> 00:27:13,223
The boys went to the East Coast,
I believe it was in New Jersey,
488
00:27:13,250 --> 00:27:15,080
and started spending
large amounts of money,
489
00:27:15,116 --> 00:27:16,196
which seemed unusual.
490
00:27:16,233 --> 00:27:18,103
Fogg: In fact, 3 days after,
491
00:27:18,133 --> 00:27:22,323
they were spending quite
a bit of money on lavish items.
492
00:27:22,350 --> 00:27:27,320
Buying Rolex watches.
They bought a Porsche car.
493
00:27:27,350 --> 00:27:28,400
They spent a lot of money.
494
00:27:28,433 --> 00:27:30,303
In fact, I think some estimates
say that,
495
00:27:30,333 --> 00:27:32,333
in the first 6 or 7 months
after the deaths,
496
00:27:32,366 --> 00:27:33,446
they spent $1 million.
497
00:27:33,483 --> 00:27:36,033
That's a lot of money.
498
00:27:36,066 --> 00:27:41,296
They had leased a condo
in Marina del Rey
499
00:27:41,333 --> 00:27:44,133
that was part of their
insurance settlement.
500
00:27:44,166 --> 00:27:45,176
They lived well.
501
00:27:45,216 --> 00:27:46,196
Edmonds: They bought
a restaurant
502
00:27:46,233 --> 00:27:47,373
in Princeton, New Jersey,
503
00:27:47,400 --> 00:27:49,480
a buffalo wing place.
504
00:27:50,016 --> 00:27:53,196
They were spending money
like it was --
505
00:27:53,233 --> 00:27:54,233
they were drunken sailors.
506
00:27:54,266 --> 00:27:55,476
Fogg: Not the typical behavior
507
00:27:56,016 --> 00:28:00,346
that someone who just lost
their parents would demonstrate.
508
00:28:00,383 --> 00:28:05,073
So all that is incriminating,
but police need cold,
509
00:28:05,100 --> 00:28:08,220
hard facts to actually
charge somebody.
510
00:28:08,250 --> 00:28:10,230
It's been 3 months, 4 months,
5 months,
511
00:28:10,266 --> 00:28:12,076
6 months, and then boom.
512
00:28:12,116 --> 00:28:15,126
Edmonds:
A woman came to the station.
513
00:28:15,166 --> 00:28:21,126
She related a lot of things that
only the shooters would know.
514
00:28:21,166 --> 00:28:23,166
That's it.
The game is over.
515
00:28:23,200 --> 00:28:25,000
I knew it then.
516
00:28:31,150 --> 00:28:34,200
Camerota: For 7 months,
there were no suspects.
517
00:28:34,233 --> 00:28:37,333
The police were
hitting dead ends,
518
00:28:37,366 --> 00:28:41,296
and then, in March of 1990,
519
00:28:41,333 --> 00:28:45,453
something happened
that changed the whole equation.
520
00:28:45,483 --> 00:28:48,353
Iannone: Over the months,
we gathered a lot of evidence.
521
00:28:48,383 --> 00:28:50,303
It has been very circumstantial,
522
00:28:50,333 --> 00:28:52,153
and we were waiting
for the glue,
523
00:28:52,183 --> 00:28:55,003
if you will,
to bind it all together,
524
00:28:55,033 --> 00:28:57,423
and just recently
that glue has come about.
525
00:28:57,450 --> 00:29:03,230
♪♪
526
00:29:03,266 --> 00:29:05,326
Rand: In the first week
of March 1990,
527
00:29:05,366 --> 00:29:08,146
Judalon Smyth walked into
the Beverly Hills police.
528
00:29:08,183 --> 00:29:10,223
Edmonds: She related
a lot of things
529
00:29:10,250 --> 00:29:12,450
that only the shooters
would know,
530
00:29:12,483 --> 00:29:16,103
and the key fact
that we got out of it was the --
531
00:29:16,133 --> 00:29:19,183
the guns were
thrown off Mulholland Highway.
532
00:29:22,066 --> 00:29:26,046
They took the guns, and they
drove up to Mulholland Drive,
533
00:29:26,083 --> 00:29:31,303
and they just threw them over
the side of a very rural hill.
534
00:29:31,333 --> 00:29:35,183
So we had a team
of our S.W.A.T. team
535
00:29:35,216 --> 00:29:39,246
and every detective rappel,
checking every slope.
536
00:29:43,266 --> 00:29:46,016
We didn't find any shotguns.
537
00:29:46,050 --> 00:29:48,100
Police never find the weapons,
538
00:29:48,133 --> 00:29:51,023
but they do follow her
next lead,
539
00:29:51,050 --> 00:29:54,280
and that is to the place
where the guns were purchased.
540
00:29:56,483 --> 00:30:00,133
We went to San Diego, goal being
we were going to check
541
00:30:00,166 --> 00:30:05,076
every buy book in the town
or the county if we had to.
542
00:30:05,116 --> 00:30:07,346
They visited a lot of gun stores
all --
543
00:30:07,383 --> 00:30:09,483
this is just basic
good detective work,
544
00:30:10,016 --> 00:30:13,066
and they looked at the registers
where people would buy guns.
545
00:30:13,100 --> 00:30:16,370
The second place was a Big 5.
546
00:30:19,450 --> 00:30:22,000
At first glance, it seemed like
this was going to be
547
00:30:22,033 --> 00:30:23,353
yet another dead end.
548
00:30:23,383 --> 00:30:27,103
They didn't see the Menéndez
boys' names in the register,
549
00:30:27,133 --> 00:30:31,033
but they saw a name of a friend
of the Menéndez boys.
550
00:30:31,066 --> 00:30:34,366
Edmonds: And the purchase
of two Mossberg 12-gauges
551
00:30:34,400 --> 00:30:36,050
and some ammo.
552
00:30:36,083 --> 00:30:39,103
After that, this case started
going together real well.
553
00:30:39,133 --> 00:30:43,183
So the real question for police
was, how did this woman,
554
00:30:43,216 --> 00:30:48,076
Judalon Smyth, happen to know
so much about this case?
555
00:30:48,116 --> 00:30:53,046
It turns out that Judalon Smyth
was the former mistress
556
00:30:53,083 --> 00:30:57,323
of the Menéndez brothers'
therapist.
557
00:30:57,350 --> 00:30:59,370
Abrahamson: Just when you think
you've heard everything,
558
00:30:59,400 --> 00:31:02,300
you have a spurned girlfriend
of the therapist
559
00:31:02,333 --> 00:31:04,083
who may know something,
560
00:31:04,116 --> 00:31:07,176
and the something turned out
to be explosive.
561
00:31:07,216 --> 00:31:10,016
Erik becomes,
after the homicides,
562
00:31:10,050 --> 00:31:13,030
more and more depressed.
563
00:31:13,066 --> 00:31:17,216
I think Erik was haunted
by the murders afterwards,
564
00:31:17,250 --> 00:31:20,020
and I think he needed
to talk to --
565
00:31:20,050 --> 00:31:21,470
to people about it.
566
00:31:22,000 --> 00:31:23,280
Reporter:
Psychotherapist Jerome Oziel
567
00:31:23,316 --> 00:31:24,316
counseled the brothers.
568
00:31:24,350 --> 00:31:27,220
Johnson: Erik,
he trusts Dr. Oziel,
569
00:31:27,250 --> 00:31:31,250
and so he confesses
to Dr. Oziel
570
00:31:31,283 --> 00:31:34,003
that they killed their parents.
571
00:31:37,450 --> 00:31:41,120
Evidently, Erik was stressed out
from killing his parents,
572
00:31:41,150 --> 00:31:44,050
Lyle not so much.
573
00:31:44,083 --> 00:31:48,453
Lyle immediately rushed
over to Dr. Oziel's office.
574
00:31:48,483 --> 00:31:51,023
Vicary: He tells Dr. Oziel,
575
00:31:51,050 --> 00:31:53,180
"I understand what
my brother said here,
576
00:31:53,216 --> 00:31:58,046
but I want you to know
that this must remain a secret.
577
00:31:58,083 --> 00:32:02,253
If any of this comes out,
you're a dead man."
578
00:32:05,233 --> 00:32:08,183
Well, Oziel got scared,
and he realized,
579
00:32:08,216 --> 00:32:10,026
"I might get murdered.
580
00:32:10,066 --> 00:32:11,476
I'll be the only one to know."
581
00:32:12,016 --> 00:32:17,016
So Dr. Oziel came up
with a plan.
582
00:32:17,050 --> 00:32:19,200
Rand: About a month
after Erik Menéndez confessed
583
00:32:19,233 --> 00:32:21,323
to Dr. Oziel,
584
00:32:21,350 --> 00:32:26,080
Dr. Oziel told the brothers
one afternoon that,
585
00:32:26,116 --> 00:32:28,426
"I think it would be a good idea
if we record an audiotape
586
00:32:28,466 --> 00:32:30,376
of one of our therapy sessions,
587
00:32:30,416 --> 00:32:32,376
and just in case
you ever get arrested,
588
00:32:32,416 --> 00:32:35,246
that we'll be able to show
that you had remorse,"
589
00:32:35,283 --> 00:32:37,323
and so the brothers agreed.
590
00:32:51,283 --> 00:32:54,103
So he says,
"I'll take the audiotape,
591
00:32:54,133 --> 00:32:56,123
and I'll put it
in the safe-deposit box,
592
00:32:56,150 --> 00:32:58,400
and nobody has access
to that safe-deposit box
593
00:32:58,433 --> 00:33:03,133
unless something happens to me,"
594
00:33:03,166 --> 00:33:08,326
and Dr. Oziel becomes upset and
dissatisfied with his mistress,
595
00:33:08,366 --> 00:33:10,296
and he kicks her out.
596
00:33:10,333 --> 00:33:13,023
Rand: The next morning,
Judalon Smyth walked into
597
00:33:13,050 --> 00:33:15,000
the Beverly Hills police
and said,
598
00:33:15,033 --> 00:33:16,433
"Dr. Oziel has an audiotape
599
00:33:16,466 --> 00:33:20,046
that's in a safe-deposit box in
Sherman Oaks with a confession."
600
00:33:20,083 --> 00:33:23,423
Hell hath no fury
like a woman scorned.
601
00:33:23,450 --> 00:33:26,200
And we got a call
at 6:00 in the morning,
602
00:33:26,233 --> 00:33:28,103
and Erik was panicked.
603
00:33:34,116 --> 00:33:37,316
For 7 months, nothing,
seems like this is a cold case,
604
00:33:37,350 --> 00:33:39,080
at least to the public,
605
00:33:39,116 --> 00:33:42,416
and then after 7 months,
boom, an arrest.
606
00:33:42,450 --> 00:33:48,070
♪♪
607
00:33:48,100 --> 00:33:49,470
Johnson:
The Beverly Hills police,
608
00:33:50,000 --> 00:33:52,020
they cordoned off the street.
609
00:33:52,050 --> 00:33:54,130
They were afraid Lyle
was going to run.
610
00:33:54,166 --> 00:33:57,466
I think that's why they moved
when they did.
611
00:33:58,000 --> 00:34:00,170
And when he got into a car
to drive away, they --
612
00:34:00,200 --> 00:34:03,320
they did a -- a stop
and arrested him at that time.
613
00:34:03,350 --> 00:34:06,150
Dispatch:One oh seven seven.22-20.
614
00:34:06,183 --> 00:34:09,253
En route to a vehicle.
615
00:34:09,283 --> 00:34:12,053
On the day that
Lyle Menéndez was arrested,
616
00:34:12,083 --> 00:34:14,083
I was actually
in West palm beach, Florida,
617
00:34:14,116 --> 00:34:16,226
and I had four
or five frantic messages
618
00:34:16,266 --> 00:34:18,066
from the city desk
at theMiami Herald,
619
00:34:18,100 --> 00:34:19,320
and they told me
that Lyle Menéndez
620
00:34:19,350 --> 00:34:22,430
had just been arrested
in Beverly Hills.
621
00:34:22,466 --> 00:34:24,426
Reporter: Erik was believed
to be in Israel
622
00:34:24,466 --> 00:34:27,176
playing in a tennis tournament
when his brother, Lyle,
623
00:34:27,216 --> 00:34:30,016
was arrested yesterday
by police.
624
00:34:30,050 --> 00:34:32,020
Heffernan: We wanted to see
if Erik could actually
625
00:34:32,050 --> 00:34:35,200
do this pro-tennis thing,
so we went to Israel.
626
00:34:35,233 --> 00:34:38,133
He was in Israel to take part
in a tennis tournament.
627
00:34:38,166 --> 00:34:39,396
That was the information
that we had.
628
00:34:39,433 --> 00:34:42,323
And then the big question
was getting Erik back.
629
00:34:42,350 --> 00:34:45,320
And we got a call at 6:00
in the morning
630
00:34:45,350 --> 00:34:49,070
from Lyle's then attorney,
631
00:34:49,100 --> 00:34:51,020
"You have to leave Israel
immediately,
632
00:34:51,050 --> 00:34:52,470
or you will be extradited."
633
00:34:53,000 --> 00:34:56,050
I didn't know what to think,
and Erik was panicked.
634
00:34:56,083 --> 00:34:59,073
He said nothing, nothing.
635
00:34:59,100 --> 00:35:01,350
Camerota: The first lawyer that
the Menéndez brothers
636
00:35:01,383 --> 00:35:05,253
reached out to and hired
was Robert Shapiro.
637
00:35:05,283 --> 00:35:07,273
He ultimately became very famous
638
00:35:07,300 --> 00:35:12,020
because he became part of
O.J. Simpson's defense team.
639
00:35:12,050 --> 00:35:17,170
Robert Shapiro negotiated
a surrender for Erik Menéndez.
640
00:35:17,200 --> 00:35:20,400
We checked out,
went to the airport,
641
00:35:20,433 --> 00:35:25,283
found that there was a flight
to London, and the next day,
642
00:35:25,316 --> 00:35:26,996
I flew to L.A.,
643
00:35:27,033 --> 00:35:30,453
and he flew to Miami
to see his aunt.
644
00:35:30,483 --> 00:35:33,183
Reporter: 19-year-old
Erik Menéndez, accused,
645
00:35:33,216 --> 00:35:35,066
along with
his older brother, Lyle,
646
00:35:35,100 --> 00:35:37,100
of the brutal deaths
of their parents,
647
00:35:37,133 --> 00:35:39,373
may be about
to turn himself in.
648
00:35:39,400 --> 00:35:41,420
We have some unconfirmed reports
that he may in fact
649
00:35:41,450 --> 00:35:44,200
be on his way back
to the United States.
650
00:35:44,233 --> 00:35:46,033
We don't know what
his destination would be
651
00:35:46,066 --> 00:35:48,016
or what his intent is.
652
00:35:48,050 --> 00:35:52,130
His Cuban relatives had
to talk him into coming back,
653
00:35:52,166 --> 00:35:54,226
and they said,
654
00:35:54,266 --> 00:35:58,046
"We'll face it with you and do
whatever we can to support you,"
655
00:35:58,083 --> 00:35:59,253
and they certainly did that.
656
00:35:59,283 --> 00:36:01,453
They convinced him the right
thing to do was turn himself in,
657
00:36:01,483 --> 00:36:05,053
so he and his aunt, Marta,
that actually both the brothers
658
00:36:05,083 --> 00:36:07,283
were very close to,
flew to Los Angeles,
659
00:36:07,316 --> 00:36:10,296
and he surrendered
to authorities.
660
00:36:10,333 --> 00:36:14,473
Judge: Would the defendants
please rise?
661
00:36:15,000 --> 00:36:18,030
Reporter: Brothers Lyle and Erik
Menéndez late this afternoon
662
00:36:18,066 --> 00:36:20,046
were brought
into a Beverly Hills courtroom
663
00:36:20,083 --> 00:36:22,203
and told of the charges
against them,
664
00:36:22,233 --> 00:36:24,453
both accused of murdering
their father and mother,
665
00:36:24,483 --> 00:36:26,453
José and Kitty Menéndez.
666
00:36:26,483 --> 00:36:32,303
When I heard that the sons,
their sons that they had raised
667
00:36:32,333 --> 00:36:35,223
with a silver spoon
in their mouths,
668
00:36:35,250 --> 00:36:38,430
were the killers,
I wasn't stunned.
669
00:36:38,466 --> 00:36:40,266
I was just disgusted.
670
00:36:40,300 --> 00:36:42,380
Both brothers are being charged
with both murders.
671
00:36:42,416 --> 00:36:44,316
We believe that both brothers
were involved --
672
00:36:44,350 --> 00:36:46,420
actively involved
in the murders.
673
00:36:46,450 --> 00:36:50,470
Both charges are official
circumstances
674
00:36:51,000 --> 00:36:53,300
for which you could
be sentenced to death.
675
00:36:53,333 --> 00:36:55,273
Do you understand
the charges?
676
00:36:55,300 --> 00:36:56,430
Yes, Your Honor.
677
00:36:56,466 --> 00:36:59,376
Rand: It was extremely difficult
for the Menéndez family
678
00:36:59,416 --> 00:37:03,276
to process the arrest
of Erik and Lyle
679
00:37:03,316 --> 00:37:05,276
for the murders
of their parents.
680
00:37:05,316 --> 00:37:06,476
They couldn't believe it.
681
00:37:07,016 --> 00:37:08,296
They said it wasn't possible.
682
00:37:08,333 --> 00:37:11,233
Reporter: You believe strongly
in the boys' innocence?
683
00:37:11,266 --> 00:37:12,376
Extremely. You can't --
684
00:37:12,416 --> 00:37:15,116
You cannot imagine
how strongly I believe in that.
685
00:37:15,150 --> 00:37:18,280
I -- I cannot --
686
00:37:18,316 --> 00:37:23,116
I don't have words to say
how strong I feel
687
00:37:23,150 --> 00:37:27,070
about the complete
impossibility of them
688
00:37:27,100 --> 00:37:31,180
having committed the act
that they're accused of.
689
00:37:31,216 --> 00:37:33,266
Heffernan: I think anybody
that knew these boys
690
00:37:33,300 --> 00:37:36,300
couldn't imagine that they
could've shot their parents.
691
00:37:36,333 --> 00:37:39,023
Reporter: 22-year-old
Joseph Lyle Menéndez
692
00:37:39,050 --> 00:37:41,070
and his 19-year-old brother,
Erik,
693
00:37:41,100 --> 00:37:44,320
were charged earlier this month
with two counts of murder each.
694
00:37:44,350 --> 00:37:46,380
The sons were arrested
after a warrant
695
00:37:46,416 --> 00:37:48,266
was served on
the family psychologist
696
00:37:48,300 --> 00:37:50,030
in search of evidence.
697
00:37:50,066 --> 00:37:52,016
Abrahamson: You had these
two boys of privilege
698
00:37:52,050 --> 00:37:55,450
who had gone to a therapist
and bared their souls,
699
00:37:55,483 --> 00:37:58,003
thinking that it was going
to be kept confidential,
700
00:37:58,033 --> 00:38:00,433
and the next thing you know,
there's a big legal fight about
701
00:38:00,466 --> 00:38:03,026
whether everything they said
was going to be admissible
702
00:38:03,066 --> 00:38:04,446
against their interest
in a court of law.
703
00:38:04,483 --> 00:38:06,333
It was awesome.
704
00:38:06,366 --> 00:38:08,166
On behalf of Erik Menéndez,
705
00:38:08,200 --> 00:38:10,480
we are going to vigorously
defend his
706
00:38:11,016 --> 00:38:13,366
right to have
a confidential communication
707
00:38:13,400 --> 00:38:15,100
with his therapist.
708
00:38:15,133 --> 00:38:17,103
If the doctor is threatened,
then he can breach
709
00:38:17,133 --> 00:38:20,123
patient confidentiality in order
to save his own life.
710
00:38:20,150 --> 00:38:22,100
The defense was hoping that,
in suppressing the tape,
711
00:38:22,133 --> 00:38:23,283
they could also convince
the judge
712
00:38:23,316 --> 00:38:25,996
that Dr. Oziel
should not testify,
713
00:38:26,033 --> 00:38:28,183
and the judge made it clear
throughout the hearings
714
00:38:28,216 --> 00:38:30,026
that that was not
going to happen.
715
00:38:30,066 --> 00:38:31,396
Months after their arrest,
716
00:38:31,433 --> 00:38:34,383
the Menéndez brothers
decided to make a change
717
00:38:34,416 --> 00:38:36,266
in their defense team.
718
00:38:36,300 --> 00:38:41,080
Out went Robert Shapiro,
and in came Leslie Abramson.
719
00:38:41,116 --> 00:38:42,446
We always assumed that
Dr. Oziel
720
00:38:42,483 --> 00:38:44,103
would be part of the case.
721
00:38:44,133 --> 00:38:45,253
That's what litigation is for.
722
00:38:45,283 --> 00:38:47,053
Some you win.
Some you lose.
723
00:38:47,083 --> 00:38:48,203
And Leslie was going to --
724
00:38:48,233 --> 00:38:50,273
to take every ounce
of her energy,
725
00:38:50,300 --> 00:38:53,170
of her soul to make sure that
if the state was going to prove
726
00:38:53,200 --> 00:38:55,320
that these boys
were guilty of murder,
727
00:38:55,350 --> 00:38:57,370
that the state was going
to have to prove it.
728
00:38:57,400 --> 00:38:59,330
But the DA admits
that he is fighting
729
00:38:59,366 --> 00:39:01,126
for every piece of evidence
730
00:39:01,166 --> 00:39:05,016
to convict
the two Menéndez brothers
731
00:39:05,050 --> 00:39:07,270
for the sensational murders
of their wealthy
732
00:39:07,300 --> 00:39:09,330
Beverly Hills parents.
733
00:39:09,366 --> 00:39:12,996
Rand: Both brothers were calling
me occasionally from jail.
734
00:39:13,033 --> 00:39:14,373
They said,
"Wait until the trial.
735
00:39:14,400 --> 00:39:16,470
You'll find out what was
really happening
736
00:39:17,000 --> 00:39:19,000
in the Menéndez family."
737
00:39:19,033 --> 00:39:23,323
He just said that it was
our secret,
738
00:39:23,350 --> 00:39:28,120
that bad things would happen
to me if I told anybody.
739
00:39:30,350 --> 00:39:33,370
After 2 years of high-stakes
preliminary hearings,
740
00:39:33,400 --> 00:39:37,030
the judge finally allowed Erik
and Lyle's sensational audiotape
741
00:39:37,066 --> 00:39:39,346
confessions to
be played at trial.
742
00:39:39,383 --> 00:39:41,403
Based on that key piece
of evidence alone,
743
00:39:41,433 --> 00:39:43,153
it looked like it would be
an open-and-shut case
744
00:39:43,183 --> 00:39:44,473
for the prosecution,
745
00:39:45,000 --> 00:39:48,380
but just before the trial
was set to begin in July 1993,
746
00:39:48,416 --> 00:39:51,126
more than 3 years
after the murders,
747
00:39:51,166 --> 00:39:54,076
the defense team introduced
a shocking new strategy,
748
00:39:54,116 --> 00:39:57,276
which would soon shake
the state's case to the core.
749
00:39:57,316 --> 00:40:00,146
The trial that transfixed
the nation in part two
750
00:40:00,183 --> 00:40:03,273
of "The Menéndez Brothers:
How It Really Happened."
751
00:40:03,300 --> 00:40:07,350
♪♪
60017
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