Intentions To Murder : The Menendez Brothers Murder Trial
On August 20, 1989, Lyle, 21, and Erik, 18, killed their parents. The murders occurred that evening in the den of the family's home in Beverly Hills, at 722 North Elm Drive.
Neighbors later reported hearing loud bangs around 10 p.m. but dismissed them, as they thought local kids were playing with firecrackers. José and Kitty Menéndez were sitting on a couch when their sons, armed with shotguns, entered the den. José was shot point-blank in the back of the head with a Mossberg 12-gauge shotgun. Kitty, awakened by the shots, got up from the couch and was shot in the leg as she ran towards the hallway. She slipped on her own blood and fell. While on the floor, she was shot several times in the arm, chest, and face, leaving her unrecognizable. Both José and Kitty were shot in the kneecap, in an attempt to make the murders appear related to organized crime. At 11:47 p.m., when the brothers returned home, Lyle telephoned 9-1-1 and cried, "Somebody killed my parents!" The brothers told the police they had been at the movie theater watching Batman at the time of the crime. Afterward, they said they went to the annual "Taste of L.A." festival at the Santa Monica Civic Auditorium. Despite being considered suspects, the police did not order the brothers to undergo gunshot residue tests to learn whether they had recently used a firearm. A lack of evidence also prevented the police from looking into the brothers more thoroughly.
In the months after the murders, the brothers spent money lavishly, adding to investigators' suspicions that they were involved with their parents' deaths. Lyle bought an expensive Rolex watch, a Porsche Carrera, and Chuck's Spring Street Cafe, a Buffalo wingrestaurant in Princeton, New Jersey. Erik hired a full-time tennis coach and competed in a series of pro tournaments in Israel. They left the North Elm Drive mansion unoccupied opting to live in adjoining condos in nearby Marina del Rey. They drove around Los Angeles in their late mother's Mercedes-Benz SL convertible, dined expensively, and went on overseas trips to the Caribbean and to London. It is estimated that Lyle and Erik spent $700,000 in the months between the murders and their arrests.
Erik confessed to the murders to his psychologist, L. Jerome Oziel. After being threatened by Lyle, Oziel told his mistress, Judalon Smyth, about the killings. Smyth then tipped off the police as to the brothers' involvement. Lyle was arrested near the mansion on March 8, 1990, after police received information that he was preparing to flee California. Erik, who was in Israel, surrendered himself three days later upon returning to Los Angeles. Both were remanded without bail and they were kept separate from each other.
In August 1990, Judge James Albrecht ruled that the tapes of conversations between Erik and his psychologist were admissible because Lyle had voided doctor–patient privilege by threatening physical harm against Oziel. That ruling was appealed, delaying the proceedings for two years. After the ruling was initially overturned on appeal, the Supreme Court of California declared in August 1992 that several tapes were admissible, but not the tape of Erik discussing the murders. After that decision, a Los Angeles County grand jury issued indictments in December 1992, charging the brothers with the murder of their parents.
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