Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, January 29, 1994 TAG: 9401290068
SECTION: NATIONAL/INTERNATIONAL PAGE: A-3 EDITION: METRO
SOURCE: Associated Press
DATELINE: LOS ANGELES LENGTH: Medium
Superior Court Judge Stanley Weisberg declared a mistrial in Lyle's case Friday after his jury reported one final time that it was deadlocked. Erik's case ended Jan. 13, also in deadlock.
Lyle, 26, and Erik, 23, admitted killing Jose and Kitty Menendez with shotgun blasts in their Beverly Hills mansion Aug. 20, 1989. But the brothers claimed they feared for their lives after years of sexual and psychological abuse.
"I think that the complexity of this case and the fact that it draws on individual life experiences makes this a case that will probably never result in a unanimous verdict," said Jill Lansing, Lyle's defense attorney.
The judge scheduled a Feb. 28 hearing for setting a new trial date.
"It was a classic first-degree murder case," said Jude Nelson, one of Lyle's jurors. ". . . It's very disappointing. I almost feel like a failure."
Hazel Thornton, one of Erik's jurors who voted for voluntary manslaughter rather than first-degree murder, had some advice Friday for the prosecution: "Get some more evidence and prove it in a convincing manner."
Erik's jurors had been ordered by Weisberg not to talk until both cases were finished. Separate juries were empaneled because some legal issues affected only one of the brothers.
Three members of Lyle's jury and five of Erik's voted to convict them of first-degree murder, Weisberg revealed after declaring Lyle's mistrial.
The split in Lyle's jury included three votes for second-degree murder. However, there were six votes for voluntary manslaughter in the killing of Jose Menendez but only five in the killing of Kitty Menendez, with one juror holding out for involuntary manslaughter on the mother's slaying.
District Attorney Gil Garcetti said his prosecutors will seek the death penalty at a second trial.
by CNB