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Spokane, Washington  Est. May 19, 1883

Menendez Jury Recommends Life In Prison

New York Times

A jury Wednesday recommended that Erik and Lyle Menendez not be put to death for murdering their parents, and that instead they should spend the rest of their lives in prison.

It took the jury 16 hours over three days to reject the prosecution’s request for the death penalty and settle on the life sentence. As the verdicts were announced, Erik Menendez, 25, and Lyle, 28, showed little emotion. But there were large gasps of apparent relief from a section of the courtroom where Menendez family members sat watching.

While under state law, the jury’s decision is only a recommendation and the judge must impose the final sentence, the judge cannot impose a death sentence against the jury’s recommendation. He also cannot reduce the life sentence. The brothers have already been in jail for more than six years.

Superior Court Judge Stanley Weisberg said he would hold a hearing July 2 to hear defense motions for a new trial and to pronounce the sentence.

Speaking to reporters after the verdict was announced, Charles Gessler, the lawyer for Lyle Menendez, said his client “is relieved because he wants to live.”

Gessler added: “You know life without parole is not something to be looking forward to. So you can’t say he is happy, but he is relieved that it was life.”

Erik Menendez’s lawyer, Leslie Abramson, said, “On the good side, I will say they’re both such considerable human beings that they will find a way to be productive.”

The Menendez brothers were convicted two weeks ago of murder by the same jury that deliberated on the penalty. The brothers’ first trial, which ended in January 1994, had been conducted before two separate juries - one for each brother - that could not choose between murder and manslaughter charges.

The brothers admitted to ambushing their parents, Jose, 45, and Kitty, 47, as the couple watched television in their Beverly Hills mansion in 1989.

But they said that their parents had sexually and psychologically abused them since childhood, and that their rage over the abuse, and fear of further damage, had prompted them to kill their parents.

They admitted that they had shot their father repeatedly in the head and wounded their mother. Then Lyle went to the truck of his car, reloaded his 12-gauge shotgun, went back inside, pushed its muzzle to his mother’s cheek and shot her several more times as she lay on the floor.

Prosecutors described the killings as a cold-blooded execution motivated by the brothers’ eagerness to get their hands on the $14 million family fortune.

MEMO: This sidebar appeared with the story: CHRONOLOGY Aug. 20, 1989 - Jose Menendez, 45, chief executive of Live Entertainment, and his wife, Mary Louise “Kitty” Menendez, 47, are slain in their Beverly Hills, Calif., mansion. Sons Lyle and Erik report finding the bodies. March 8, 1990 - Lyle and Erik are charged. Lyle is arrested. March 11 - Erik arrested. Aug. 27, 1992 - State Supreme Court rules notes of psychiatric sessions in which the brothers admit the killings can be released. Dec. 8 - Brothers indicted on murder, conspiracy and special circumstances of lying in wait and multiple murder. Dec. 29 - Brothers plead innocent. Jan. 12, 1993 - Prosecution decides to seek death penalty. Feb. 9 - Judge decides each brother will have his own jury. June 8 - Erik’s attorney, Leslie Abramson, discloses brothers will admit killings and claim self-defense. Sept. 10 - Lyle testifies father raped him at age 7, abused Erik for 12 years, and his mother was cruel, suicidal and taunted him sexually. Sept. 27 - Erik testifies to sexual torture by his father. Jan. 13, 1994 - Mistrial declared in Erik’s case. After 19 days, jury cannot decide between premeditated murder and self-defense. Jan. 28 - Mistrial declared in Lyle’s case after 25 days for same reason. Nov. 20, 1995 - Prosecution rests in retrial. Jan. 9, 1996 - Erik concludes 15 days of testimony, claiming sexual and physical abuse. Lyle does not testify. March 1 - Jury begins deliberating after 78 days of testimony. March 20 - Jury finds Erik and Lyle guilty of killing their parents. April 17 - Jury recommends life in prison without parole for both brothers. Sentencing set for July 2. Associated Press

This sidebar appeared with the story: CHRONOLOGY Aug. 20, 1989 - Jose Menendez, 45, chief executive of Live Entertainment, and his wife, Mary Louise “Kitty” Menendez, 47, are slain in their Beverly Hills, Calif., mansion. Sons Lyle and Erik report finding the bodies. March 8, 1990 - Lyle and Erik are charged. Lyle is arrested. March 11 - Erik arrested. Aug. 27, 1992 - State Supreme Court rules notes of psychiatric sessions in which the brothers admit the killings can be released. Dec. 8 - Brothers indicted on murder, conspiracy and special circumstances of lying in wait and multiple murder. Dec. 29 - Brothers plead innocent. Jan. 12, 1993 - Prosecution decides to seek death penalty. Feb. 9 - Judge decides each brother will have his own jury. June 8 - Erik’s attorney, Leslie Abramson, discloses brothers will admit killings and claim self-defense. Sept. 10 - Lyle testifies father raped him at age 7, abused Erik for 12 years, and his mother was cruel, suicidal and taunted him sexually. Sept. 27 - Erik testifies to sexual torture by his father. Jan. 13, 1994 - Mistrial declared in Erik’s case. After 19 days, jury cannot decide between premeditated murder and self-defense. Jan. 28 - Mistrial declared in Lyle’s case after 25 days for same reason. Nov. 20, 1995 - Prosecution rests in retrial. Jan. 9, 1996 - Erik concludes 15 days of testimony, claiming sexual and physical abuse. Lyle does not testify. March 1 - Jury begins deliberating after 78 days of testimony. March 20 - Jury finds Erik and Lyle guilty of killing their parents. April 17 - Jury recommends life in prison without parole for both brothers. Sentencing set for July 2. Associated Press