NATION/WORLD UNIVERSITY DAILY KANSAN
Thursday, March 21. 1996
5A
Retrial yields convictions for Menendez brothers
The Associated Press
LOS ANGELES — In a decisive rejection of the abuse defense that almost succeeded the first time, Erik and Lyle Menendez were convicted of first-degree murder yesterday in the shotgun slayings of their millionaire parents and could be sentenced to death.
Lyle, 28, and Erik, 25, appeared extremely pale but showed no emotion upon hearing the jury's verdict, which was reached after four days of deliberations in the brothers' retrial.
"I feel great," prosecutor David Conn said as he left the courtroom.
Two years ago, the brothers' first trial ended in a mistrial when jurors couldn't decide whether the 1989 slayings of entertainment executive Jose Menendez and his wife, Kitty, at their Beverly Hills mansion were premeditated murder or self-defense.
Lyle Menendez
This time, the jury rejected the defense claim that the brothers murdered their parents after years of sexual abuse. Instead, it embraced the prosecution theory that the killings
were planned and that the brothers were greedy, spoiled brats who murdered to get their parents' $14 million fortune.
The jury further decided that the murders were pre-
mediated, a circumstance that can bring the death penalty. The penalty phase begins Monday. The jury will decide whether the brothers should receive lethal injections or life in prison without parole.
The defense suffered a serious setback in the final days of testimony when Judge Stanley Weisberg announced he was ruling out use of the imperfect self-defense theory. That theory holds that a killing by someone believes he is in imminent danger can be justifiable even if that belief was unreasonable.
Weisberg also barred the defense from calling almost 40 witnesses
The verdict was a badly needed victory for District Attorney Gil Garcetti, who is
running for re-election and who has gotten a reputation for an inability to win the big cases, including the Menendez brothers' first trial, and the trials of O.J. Simpson and rap star Snoop Doggy Dogg. Garcetti had insisted on retrying the Menendez brothers, refusing to plea bargain.
Erik Menendez
The jury could have found the brothers guilty of lesser counts — manslaughter in the slaying of their father and second-degree murder in the killing of their mother. Instead, the brothers were convicted of premeditated first-degree murder in the ambush slayings, which took place as their parents watched television.
--deserve such special treatment would be if national security was involved.
--deserve such special treatment would be if national security was involved.
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Clinton to testify on videotape
The Associated Press
LITTLE ROCK, Ark. — A federal judge yesterday ruled President Clinton could testify by videotape at the trial of his former Whitewater partners, but he couldn't have the questions in advance.
U. S. District Judge George Howard Jr. denied a request from James and Susan McDougal to compel Clinton to testify in person at their conspiracy and fraud trial. He said ordering Clinton to travel to Little Rock would be unduly burdensome to the president in the performance of his official duties.
The judge will oversee the questioning by video conference and will rule on objections as they come up. He also will edit the videotape if lawyers cannot agree on what is pertinent for the jury to hear.
Rejecting Clinton's request to see the questions in advance, Howard said the only reason a president might
Clinton had argued that the process would go more easily if he received the questions in advance.
James McDougal, his ex-wife and Gov. Jim Guy Tucker are accused of arranging almost $3 million in fraudulent loans from McDougal's Madison Guaranty Savings and Loan and David Hale's Capital Management Services Inc.
Hale is the government's chief witness and claims Clinton pressured him to loan Susan McDougal $300,000. Clinton has denied the accusation.
Defense lawyers were in court and not immediately available for comment.
"Our intention is to cooperate with the judge's order and provide the court with the information that it needs," said Mark Fabiani, a White House lawyer.
The videotape will be made in private, and the original will not be released.
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