Law & Order True Crime (2017): Season 1, Episode 3 - Episode #1.3 - full transcript

REINER: Two counts of murder
with special circumstances

have been filed against
Lyle and Erik Menendez.

OZIEL: He told me everything,
how you shot your parents.

I had to tell somebody.
(SIGHS) I wanted to kill myself.

You trust a doctor more
than your own brother.

Now I think you and I
should go back in and talk.

I don't have anything to say
to you. Good luck, Doctor Oziel.

If you kick me out (SIGHS)

I'll go to the cops
and I'll tell them

that Lyle and Erik
confessed to you.

You do that (SIGHS) and I'll
be the least of your problems.



REINER: A warrant
was executed to seize

tapes from a Beverly
Hills psychologist.

LYLE: Are you
gonna take our case?

If I feel I can believe
in it, I will do it.

Mr. Reiner, who wants to
be our Attorney General,

is at war with the most
basic social contract we have,

the doctor/patient privilege.
Someone has to stop him.

And we will.

(INDISTINCT CHATTER)

Good morning. Hey. Good morning.

(INDISTINCT CHATTER)

That's gonna be you on the end.

Look, you don't owe
these parasites a photo.

Just breathe and
keep your eyes on me.



Megan Lang, ABC News.
I'm so very sorry for your loss.

JUDGE STEIN: Defendants
Erik and Lyle Menendez,

you've been charged
with the murder

of Mary Louise Menendez
and for Jose Menendez.

How do you plead?

Not guilty. Not guilty.

Defendants are
remanded to custody.

Your Honor, the
District Attorney

has been leaking
information to the media.

I know Mr. Reiner is
running for Attorney General,

but that doesn't give him the
right to poison the jury pool.

Mr. Alhadeff, you tell
your boss to stop the leaks.

We're adjourned. (GAVEL BANGING)

Remember, no talking
to anyone. Okay?

(REPORTERS CLAMORING)

It's gonna take more than
a warning from a judge

to shut Mr. Reiner up.

A court order is what is needed

to keep him from turning
this whole case into

some kind of a reality TV show.

And he can stand in front
of all the flags he wants to

at his press conferences.

It does not hide the fact
that he is trying to trample

on our clients' rights.

Leslie, do you
think that the D.A. is

biased against your clients?

I don't know about the D.A.

But I do know that the
media doesn't like rich people.

And with all the... The
Wall Street scandals

and the white-collar crimes
over the last ten years,

who can blame them.

But what you are doing, is
you are scapegoating my clients

because their parents were
rich. You call them spoiled.

You call them entitled.

If you met Erik and
Lyle you would see that

they are not spoiled.

And they know the only they
are entitled to is a fair hearing.

And we're going to
make absolutely sure

that they get that. Thank you.

Excuse me.

Mrs. Menendez! Can you
tell us about your grandsons?

Mama.

(SPEAKING SPANISH)

FEMALE REPORTER: You've
been charged with the murder

of Mary Louise Menendez
and Jose Menendez.

They're smiling. Look at them.
Why the hell are they smiling?

As Mr. Chaleff explained,
Ms. Lansing knows the case

inside and out. And
she's a lot tougher than

her very good
looks might suggest.

Lyle, are you okay
with the change?

Chaleff thinks we're gonna
lose. That's why he quit.

No. He withdrew to give us
a better chance of winning.

He said that they were gonna
split us, with separate trials.

That's what the prosecution
wants. They're gonna try to

turn you against each other.

But we're not gonna
let that happen. Are we?

Absolutely not.
We stick together.

(SIGHS) As long as we're
together we'll be okay.

Right. It's Lyle and me.

The only prosecution witness is
Oziel's mistress, Judalon Smyth.

She's a flake. She used to
date Al Goldstein, the porno king.

It makes you wonder about Oziel.

How did he end up
as your therapist?

(SIGHS) Uh, Mom's
shrink recommended him.

First thing we're gonna
do is get his audio-notes

and tapes of you thrown out.

Did you give Oziel
permission to share the details

of your sessions with anyone?

Well, when I started seeing him,

my parents made him
tell them what I said.

That won't affect
the privilege now.

The D.A. mentioned
a threat of violence.

Did you ever threaten Oziel?

No. No way.

Well, it's still privileged.
We're gonna keep those out.

(LYLE SIGHS)

LANG: The network
gave us May 17th.

Smack in the middle of sweeps.

What are the other
networks doing?

CBS'll do a bit on 60 Minutes.

NBC has a special.
But we've got Diane.

Sexy Sawyer. Can't beat that.

I'll get an exclusive with
Grandma by end of the week.

We'll get Oziel.

All the key players
lining up for Team ABC.

Judalon, there was 14
million involved in this.

(SIGHS) But you did what
you did, and that's what you did.

I suggest you have no
comment to the press

unless you want things
disclosed that you don't want.

Really, Jerry? Well,
I just called to say

that the boys are in
jail and I'm not dead

and you said if I
went to the police,

that I'd be dead in two minutes.

Well, guess what?

It's gonna take a little longer.

Now he'll cooperate.

(SIGHS) Let's
talk about the guns.

You said you heard
Erik talk about guns.

No, Jerry told me.

Erik said they bought the
guns in a store near San Diego.

It had security cameras.

Erik was worried
that they were filmed.

After the murders, they
tossed the guns off Mulholland,

about a mile west of Coldwater.

ZOELLER: Hey, you four,

head over to that ravine.
And you two. And you guys.

Hey, watch out, that's
poison oak over there.

Hey, so...

Only lost three
Explorer Scouts so far.

Huh. What do ya got?

Gun stores within two
miles of the freeway

between Newport and San Diego.

That's a lot of gun stores.

Hmm. There's more bad news.

DMV got a request to
cancel the California plates

for Erik's Ford Escort.
It's been sent out of state.

No idea where.

JILL: The biggest problem
people have with them

is that they're wealthy.

Rich, greedy brats,
according to my husband.

As if it's their fault
they were born rich.

There's this shopping spree.

Watches, a Porsche,
condos, a restaurant...

How did they spend money before?

Well, Lyle's had a credit
card since he was 15.

Lives in a condo his father
bought him in Princeton.

What kinda car did he drive?

Cars! A three-year-old
Alfa and a Beamer.

Erik had an '87 Escort.

Hard to be a rich
brat in an Escort.

So mostly their spending
after the murders

was the same as it was before.

It's perception.

People think they have advantage
because they're privileged.

And now that privilege is
being used against them.

So, next problem, the notes

that Oziel dictated after
sessions with Erik and Lyle

on Halloween. And there's a
tape of a December session.

We need to know what's on them.

I've got a friend
from the Academy

at the Beverly Hills
P.D. I'll ask her.

Cindy has more
connections than AT&T.

That's why I hired her.

That, and I'm the only investigator
who can put up with you.

Um, this is what
I've got on Oziel.

His license was suspended in
'86 for improper billing practices.

There are two complaints pending
with the Board of Psychology,

one alleging that he raped a
patient and tried to strangle her

with a phone cord.

Jesus. Why isn't he in jail?

That's a good question.

Now, you may know that there's
a confession on those tapes.

There probably is.

Between these four walls
and these four women,

Erik told me they did it.

Lyle hasn't admitted
anything to me.

They still deserve the best
defense we can give them.

Are you sure
about this one, Les?

These boys shot their
mother in the face.

Right. We're all mothers here.

Alright, Cindy and Marcia
know about my mother.

She put me last from
the second I was born.

She opposed me
every chance she got.

Still, I love her.

I... I can't imagine the
kind of pain that must exist

between a mother and child
to provoke that kind of violence.

Well, the father was
authoritarian, verbally abusive.

Maybe the mother was too.

There's still huge
pieces missing here

but we'll... We'll find 'em.

LESLIE: We hear you filed a
motion to get your tapes back.

Well, we want them
kept out of court too.

We can help each other.

I'm not aligned
with either side.

Understood. Then you won't
mind answering some questions.

Was Judalon Smyth
in your waiting room

during your sessions
with Erik and Lyle?

No.

Anyway, there is

two padded doors between
here and the waiting room.

Then how did she know
what was said in the sessions?

Did you tell her?

No. Of course not.

I honor the
doctor-patient privilege.

In many ways, I feel being
a therapist is like a holy man.

And there's a sacredness
to the connections we forge.

No, no.

Judalon knows what she knows

because she read my notes
when she stayed with my family.

And for the record, she
was not a frightened person

doing her civic duty when
she went to the police.

She was not in fear of the boys,
she just wanted to destroy me.

But you told the police you
felt threatened by Erik and Lyle.

Well, yes. Lyle did threaten me.

How did he do that?

He took my hand,
looked me in the eye,

and said, "Good
luck, Doctor Oziel."

You took that as a threat?

It was said in a
threatening manner.

Here, show us.

"Good luck, Doctor Oziel."

Like that. With that way
of fixing me in the eye.

Between men,
that's a veiled threat.

Yes, I know what
a veiled threat is.

So, I'm confused. You filed a
motion to get your tapes back.

And then you gave the D.A. an
excuse to use them as evidence,

with this business
about threats.

Listen,

I am in a tremendous
amount of pain

at the idea of testifying
against former patients,

but if the court orders
me, I'm obligated to.

Yes. That's a nice speech.

I think you're trying
to cover something up,

like the fact that you
milked them for sessions

that never took
place. I resent that.

I spoke with the boys'
lawyer, Mr. Chaleff,

and at his request... He's
not their lawyer anymore.

We are.

Good luck, Doctor Oziel.

(DOOR BUZZES)

JAMIE: I miss you so much.

How are they treating you?

LYLE: There's seven inmates

just in my unit named Menendez.

Three are named Jose.

What happened to your hair?

(SIGHS) They confiscated
the glue, for my hairpiece.

Ms. Lansing's working
on getting it back.

(SIGHS) This is great.

I can't sleep. (SIGHS)
The lights are always on.

And I can't breathe.

You'll be out of
here soon, baby.

My parents say there's no way
the police can use those tapes.

I just keep having
nightmares, about Mom, and...

And Dad yelling at me.

Don't think about him.

Think about me. Think about
me waiting for you, baby.

Look, I... I need
your help, Jamie.

I want you to tell the police
that my dad made a pass at you.

He grabbed you.

But he never did that.

Please, if they
ask, just say it.

You said he liked me,

why would I lie?

Why do you think you got the
sponsorship to play in Europe?

My dad thought you
weren't appropriate for me.

So he put up the sponsorship
money to get rid of you.

So do it, please, for us.

AMANDA: Sorry, no.

If you showed me the guns,
I'd remember who bought them.

Believe me, miss, I wish
we had guns to show you.

Les, check the name on this one.

Donovan Goodreau...
Lyle's old roommate.

He bought two 12-gauge
Mossbergs August 18th.

Says they checked
his driver's license.

Hey, uh,

would you have the security
tape from August 18th

last year? Our
camera doesn't work.

We just keep it there to
scare the bad guys away.

The New York cop who helped
us with the Billionaire Boys Club.

Boggs.

I hope his number's still good.

Detective Zoeller?

Yeah, his alibi checks out.

He was here working
here August 18th.

Alright, thank you,
Detective Boggs.

Anytime you're in the
neighborhood, give me a ring.

NYPD at your service.

GOODREAU: Hello?

Looks like you're off the hook.

GOODREAU: For what?

Oh, your driver's license
was used to buy two shotguns

in San Diego two
days before the murder.

You lend your
license to anybody?

I... I lost it.

I left it behind when Lyle threw
me out of his dorm in Princeton.

I think I said, "Good
luck, Doctor Oziel."

Just like, have a nice life.

I wasn't ever planning
to see him again.

Did you mean to threaten him?

No. I was mad at Erik.
Oziel could go to the police.

Did you want to kill him?

No! I was just... annoyed.

I... I think he had some
idea to blackmail us.

Look, I... I told Gerry
Chaleff about Oziel.

Why... Why would I do
that if I wanted to kill Oziel?

Okay.

I don't want you to get
in trouble in here, Lyle.

And sometimes
when you're annoyed,

it can come off as anger.

That's my father.

He said in business, it's good
to make people afraid of you.

In prison, that's a
dangerous game.

I, um, I appreciate the advice.

And, Ms. Lansing, thanks
for getting my glue back.

You can call me Jill.

My friends call me Jilly.

Why would I threaten Doctor
Oziel? I wasn't mad at him.

No? I'm mad at him.
He exploited you.

You ever get angry, Erik? At
Lyle, maybe at your parents?

You know you can
talk to me, right?

My mom is an emotional abuser.

I've never stopped loving
her. Not for one second.

But I get so angry
at her. So angry.

On that last day
with your parents,

were you angry?

Now that you say
it like that, I guess.

Were you afraid?

(SIGHS) All the time.

(SIGHS) As bad
as it is in here...

It's... (SIGHS) It's amazing,
not to have to be afraid anymore.

Afraid of what, honey?

The tape Oziel did with
Erik and Lyle in December,

I need to know what's on it.

I haven't heard it.

Lyle told me that Oziel
did most of the talking,

uh, suggesting
motives for the murders.

The boys went along
with whatever he said.

Which was what?

Oziel suggested the
boys were trying to escape

Jose's domination, his
control. They had escaped.

Lyle... Lyle was at Princeton.
Erik was going to UCLA.

So what motive did Oziel
suggest for killing their mother?

A mercy killing.

Kitty was suicidal, couldn't
survive without Jose.

Oh, what baloney.

Les, they did it.

I... I'm not saying they didn't.
I'm trying to get my head around

a motive and
nobody's giving it to me.

I can't provide a defense if I
don't understand what happened

and why.

I need somebody to
open those boys up.

(SIGHS)

LESLIE: This is Bill Vicary.

He's a psychiatrist. I've
worked with him before.

He would not be here
if he wasn't the best.

We think he can help
us move things forward.

I'm pleased to meet you both.

I look forward to
getting to know you.

JILL: Do you have any
questions for Doctor Vicary?

No. I can't think of anything.

Look.

We have a tough situation
here and Bill is here to help us,

and we all know you
guys did it. Isn't that right?

Then talk to Bill.

My father's standards
were impossibly high.

That was hard for us.

Can you give me an example?

My girlfriends.

Even after I went
away to Princeton,

he'd try to control who I dated.

Nobody was ever good enough.

How'd you feel about that?

Again, just...
domination, control.

Lyle, those are
your father's actions.

I'm interested in how you felt.

Erik? Did you
understand my question?

(SIGHS) My stomach's
upset. (SNIFFS)

Do you want me to
repeat my question?

(SIGHS)

Dad was an atheist.

My parents only cared
about the practical world.

You think they spike
the food here with drugs?

I don't think so.

Does it worry you?

No, just curious.

BILL: When you asked
me to evaluate them,

I completely accepted
the prosecution theory,

rich kids, pissed off at
their oppressive parents,

killed them to get the money
and go on with their lives.

Except that kids
rarely kill their parents.

Yes. And these two are
much sicker than I expected.

Lyle's suspicious, paranoid.
Being in a room with him

is anxiety-provoking.
But he's bright, articulate...

And Erik?

A mess.

He's all over the place. I'll
never get the story out of him.

I might not get it
from Lyle either,

but it'll be more pleasant.

Well, it's not either or, Bill.

I need you to
work with Erik, too.

He's very fragile.

If I push too much, he
might have a psychotic break.

Which is nothing compared to
choking him with cyanide gas,

which is what the
D.A. wants to do.

We can't stop them
without the truth.

Erik is not as
weak as you think.

If you need to push him,
just hold your nose and do it.

Anything to keep those
boys out of the gas chamber.

Jerry used mind control on
me, to get me to do things.

By telling you you're in danger?

No, with hypnosis.

Jerry controlled me with
special words, like "thorns."

He'd say "thorns"
over and over again

to get me to agree to things.

Thorns, thorns, thorns, thorns.

(SIGHS) Oh, look, Diane Sawyer.

She called me. She wants
to have lunch with me.

Absolutely not.

If you give her an interview,
you're out as a witness

You won't be famous
anymore, Judalon.

That's so unfair. She
wants to put me on TV.

You gotta see this.

ANNOUNCER: Coming in
May, an NBC News Special.

The murders that
shocked the nation.

ABC is also doing
a special in May.

Of course. It's the
effing May sweeps.

We're in for the full
tilt boogie now, kids.

(TELEPHONE RINGING)

They're still out there.

Boxer's. It's for you.

It's Diane Sawyer.

Your producer lied to me. Okay?

He... He promised that
you wouldn't film or quote me

and now there's
cameras outside my work.

DIANE SAWYER: You
know those intrepid reporters.

I have no intention to
deceive you, Donovan.

But you have a unique
insight into this story that people

need to hear. Can Will
come in to talk to you?

Yeah. Yeah. Okay. I
guess I can talk to him.

Nobody says no to
Diane. So how about it?

Your 15 minutes of fame...

Most people never
even get that, you know.

I owe them the benefit of doubt.

I mean, why would
they kill their parents?

They had great
cars, great clothes,

you couldn't ask for more.

Okay, let's turn the
camera off for a minute.

Glenn, a source told us
there's a taped confession

Lyle and Erik made
to their therapist.

Okay. Jesus.

DEPUTY HOBART:
It's just for a little while.

ABC wants to film your cells.

What? Can they do that?

Lyle, I have like, religious
stuff in there. It's private.

I know. Deputy, can we please
at least cover our personal items?

Alright. Make it quick.

Hang in there, little brother.

LESLIE: I know Reiner
gave ABC permission.

Why? Because they're
human beings, Elliott.

Those cells are their homes.
What... What is with you people?

(SIGHS)

Oh. You'll like this.

Attorneys for the media
are petitioning the Court

to have the autopsy
reports released.

LYLE: Those reports
show everything.

It's not decent. My... My
mom, she was a private person.

JILL: I know it's hard, Lyle,
but there's nothing you can do.

So, let Leslie and
me do the worrying.

And we'll fight
it in the hearing.

My daughter hates
when I do that.

Tell her she has no power to
change what's bothering her.

Well, how old is she?

She's three.

So she really has no power.

Well, she thinks she does.

She wants a baby brother

and I've told her
that is not happening.

Oh, no, you should give her
one. Little brothers are great.

Like Erik?

Were you excited when
your mom brought him home?

Yeah. I was so happy.

I wasn't alone anymore.

These things always run late.

Maybe you noticed, we lawyers
like to hear ourselves talk.

(CHUCKLES)

(DOOR LOCK BUZZES)

Gerry Chaleff told me
you wanted to be an actor.

No!

I mean, I did, but, no,
my parents made me stop.

That didn't make you angry?

I wasn't angry.

I was sad.

I liked it, being somebody else.

Disappearing.

When did you get
interested in acting?

Uh, (SIGHS) when
we lived in Calabasas.

I bet you wanted
to disappear then.

Having to take the blame
for Lyle for all those burglaries.

Oh, that was just common sense.

Mmm? How so?

(SIGHS)

Lyle has like, a genius IQ.

I mean people are drawn
to him, like a magnet.

And he was the one who had
a shot at something really big.

A senator, Dad said,
maybe even President.

Not like me. I'm...

I don't know, I'm
not that important.

(REPORTERS CLAMORING)

Judge Albracht authorized the
release of the autopsy reports.

This is a victory for
my clients in the media,

but more importantly

it's a victory for the
public's right to know.

The District Attorney fully
supported Mr. Jacobi's motion.

In a free society,
the media has a right

to see the entire Menendez file.

REPORTER 1: Ms. Abramson...

REPORTER 2: Leslie, what
about the public's right to know?

This is not about the public,

this is about ratings
for Mr. Jacobi's clients.

The D.A. supported
releasing the files.

Well, of course. Mr. Reiner
wants to dump as much poison

as possible into the jury pool.

Mr. Reiner knows my clients cannot
defend themselves on television.

He doesn't care
about a fair trial.

Okay? Thanks.

They take away my son's dignity.

Give us some room, please. It's
okay, Maria, we're gonna appeal.

LESLIE: Come on. Let us through.

Hey, are you okay? Yeah.

REPORTER 3: Ms. Menendez, how
do you feel about your grandsons?

Is this what you want? Is it?

ANNOUNCER: This is ABC
Prime Time with Diane Sawyer.

The city of Beverly Hills
has been rocked by a drama

at once riveting and chilling.

Nearly a year ago.

But there's another person
that sources say might link

the brothers to the
murder weapons.

This is Donovan Goodreau.

Aw, dude! You're famous!

MAN: Whoo! (LAUGHS)

Shotguns were
purchased in San Diego

using his California
driver's license.

Goodreau told police
his license was missing,

possibly left in the
dorm he used to share

with Lyle Menendez.

Crucial evidence,

notes from therapy sessions
were found at the home

of Erik's Beverly
Hills therapist

Doctor Jerome Oziel.

A therapist is like a priest or

minister in that people
come in and confess,

but also they look for someone

to help them for their problems.

Like any therapist, I carry
with me at all times hundreds,

if not thousands
of peoples' secrets.

And it's a sacred obligation
to preserve those secrets,

unless the law
mandates otherwise.

DIANE SAWYER: For
now, the boys who once lived

in a mansion in Beverly Hills

live in these cells in
Los Angeles County jail.

Hard as it is to believe children
would kill their parents for money,

District Attorney Ira Reiner

believes money is
only part of the puzzle.

REINER: People
kill for money, Diane,

but mostly they kill for hatred.

DIANE SAWYER: But
how could these parents

create that kind of
hatred in these boys?

I have no idea. Who can
understand that? I don't.

You and me both,
Ira. You and me both.

Everything changes
now. They did it.

There's still things
that we don't know.

They used their buddy's
license to buy shotguns!

We don't want any more
money from the estate

going their defense.

That's not your decision.

They murdered my sister.

First of all...

And if they get
the death penalty?

Your sister and my brother
are part of those boys.

You want them killed again?

JUDALON: Jerry asked me to
listen in from the waiting room,

in case things got outta
hand with Erik and Lyle.

I heard Lyle threaten Jerry,

he said they would kill him to
keep him from going to the police.

Later, Jerry told me everything.

You would hear conversations
in a sound-proof office

through two sets
of padded doors?

Do you hear dog-whistles
too, Miss Smyth?

I thought this was
about Jerry's tapes.

It is.

Go ahead, Ms. Abramson.

So, you said that Doctor
Oziel told you everything

about his session
with Erik and Lyle.

Was he in the habit of sharing
his patients' confidences?

Yes, sure. I was his lover.

He told me what his sex
therapy patients were into.

Especially the
ladies. (CHUCKLES)

He wanted a threesome.

Judge, please tell her to stop

flashing her impressive
bosom at you.

(ALBRACHT CLEARS THROAT)

Okay.

I want to say that

I have limited control over
my words and actions right now.

Jerry Oziel is using
mind control on me.

He's out in the hallway
using special words.

(SCATTERED LAUGHTER)

No more questions.

ALHADEFF: And when Erik
Menendez came into your office,

where was Judalon Smyth?

Before I answer, Your Honor,

this hearing is closed
to the press, isn't it?

Yes, it is, Doctor.

I had arranged to have
Judalon sit in the waiting room.

Lying sack of...

OZIEL: I was worried about
what Erik and his brother might do.

And, afterwards,

did you share details of the
sessions with Miss Smyth?

Yes, for her safety.

She was at risk. We both were.

As I told you, Lyle
had threatened me.

Now, (SIGHS) if
you were so afraid

after Lyle wished you good luck,

why didn't you go home
to protect your wife and kids

instead of going to
boink your mistress?

I was worried that Lyle and
Erik might follow me home,

to my family.

But you had no problem
leading them to your mistress?

How gallant of you.

Now, Doctor Oziel, didn't
you tell Ms. Lansing and me

a few weeks ago that Ms. Smyth
was not in your waiting room?

You must have misunderstood me.

LESLIE: Well, let me be
sure I understand you now.

So you just testified
that you violated

the doctor-patient
privilege by telling Judalon

about your sessions with Erik.

Only because of the threats.

She testified that you
routinely violated that privilege,

telling her about your
sex therapy patients...

No, that's a lie.

The privilege is a sacred bond
between me and my patients.

Well, wasn't your
license suspended in 1986

for abusing that sacred bond?

A temporary suspension.

Well, I have an affidavit
from a former patient

you had an affair with and tried
to strangle with a phone cord.

Now, was that a
sacred phone cord?

Lies. All lies.

These alleged threats,
those are the lies

that you made up to scare
Judalon, to manipulate her.

You don't help people,
Doctor. You make them sicker.

The judge'll render his
decision in a couple weeks.

Fingers crossed.

My colleagues at the
paper aren't too happy

about the hearings being closed.

Tough.

That's what I told
them you'd say.

You know,

maybe later this year, for
sure before the adoption,

I'd like to take you
to visit the old sod.

We could pick up a car in
Dublin, head out to Tullamore.

Les,

we don't have to go, but
you need to find some way

to disconnect from all
this, even for a week.

I know. I know. I
want to go. Oh, look...

REPORTER: In a stunning
rebuke to District Attorney Reiner,

Judge Weisberg
declared a mistrial

after the jury deadlocked in
the retrial of Raymond Buckey

in the McMartin
Pre-School molestation case.

Buckey was facing
six counts of child...

Wow. How many
years did that take?

Seven years and $15 million.

(SIGHS) Oh, this is not good.
This is gonna rebound on us.

PAM: Most of the jury thought
the kids had been coached

to say they'd been molested.

Weisberg lost
control, that's what.

Okay, Pam, you're back
on Menendez. First chair.

But, what about Ray Buckey?

Forget him. The
focus is Menendez.

Their whole defense
team is women.

The jury'll see them
fawning over these boys,

they'll think how
bad can they be?

We're not ceding that
ground. Pam'll be in charge.

I can't believe he demoted me.

Time to show you're
a team player, Elliott.

From October 31st
to December of 1989,

there were a series of
sessions between Doctor Oziel

and the defendants
concerning their mental health

after the murder
of their parents.

There were audio-notes
by Doctor Oziel

for the October 31st and
November 2nd sessions

and a recording of a
session on December 11th.

I have ruled that none of these
communications are privileged.

Doctor Oziel had
reasonable cause

to believe that the
brothers constituted a threat

and that it was necessary to
disclose those communications

to prevent the
threatened danger.

(GAVEL BANGS)

We're gonna fight this,
Erik. Do not lose hope.

The ruling means the D.A.
can use the tapes against

Erik and Lyle. Will you appeal?

What do you think?

On what grounds?

That it's wrong.

(ERIK GASPS AND SNIFFLES)

PRISONER: Come on, man.
Shut up. I'm trying to sleep.

(WHIMPERS)

Where are you going, Uncle Jose?
I'm bored. I wanna do something.

Stay in Erik's room, Andy.
We're just gonna play a game.

ANDY: But I wanna play.

I wanna play, too. I wanna
play. I wanna play, too.

Let me in!

(ERIK WHIMPERS)

(ERIK PANTS)

JOSE: It's your fault!

(SIGHS)

ERIK: Dad? (PANTS)

JOSE: You're stupid!

(PANTS) No, Dad, don't say
that. (PANTING) Where are you?

JOSE: You're not worthy
of being a Menendez!

(PANTS) No, stop it. (SNIFFS)

I'm not getting
anywhere with Lyle.

But Erik, he talks
about this nightmare,

he comes right up to the
edge of a breakthrough

and then he pulls back. Same
thing over and over again.

There's got to be
more to that family.

Yes, I agree, but some
people go to their graves

with their secrets. You
have to be ready for that.

Is a plea bargain not an option?

Well, I am open to anything that
keeps those boys off death row.

ERIK: I think I'm going crazy.

I hear my father's voice at
night, in my cell. (SIGHS)

Is the voice in your head?

No. (SIGHS) It's like he's
next to me, like a ghost.

(SNIFFS) I get up
and I look for him.

Have you had any more
nightmares with the green face

since we last talked?

(SIGHS) Yes.

Something doesn't make sense.

When I climb the roof (SIGHS)
to get to my mother, (SIGHS)

it's so she'll help
me... (SIGHS)

But she never
helped me with Dad.

(SIGHS) She always
sided with him. (SIGHS)

BILL: Did she know
you had nightmares?

Yes.

She would put me
in a cold shower.

And I would want to tell her
things but I couldn't. (GASPS)

BILL: What did
you want to tell her?

I wanted... (SOBS)

I wanted her to... (GASPING)

I wanted her to make
the nightmares stop.

How could she do that?

I can't talk anymore.

(SNIFFS) I need to be
quiet. I need to read my Bible.

Okay.

Erik, what if I could
make the nightmares stop?

Your mother couldn't,
but I think I can.

Will you let me?

(SIGHS)

I called you as
soon as I was sure.

This was two days ago.

Erik finally told me.
The green face...

ERIK ON TAPE: (SIGHS)
When I was five or six,

Dad would massage my penis.

(SNIFFS) You
know, with his mouth.

He said he loved me.

When I got older he had
me do oral sex on him.

And I did it because
(SNIFFS) two years ago he...

He threatened me with a knife

because I said I didn't
wanna have sex anymore.

Yesterday he told
me when he turned 11

his father started raping him.

This is a kid who
claims he hears voices.

When someone tells
me they hear a voice,

I ask if the voice
is in their head.

The fakers always say it is.

The people telling the truth
say the voice comes from

outside them. Erik said it was
as if his father was in the room

with him. I believe him.

Has Lyle said
anything about abuse?

No. I've hit a wall with Lyle.

I've asked a colleague
John Conte to talk to him.

He specializes in child abuse.

Okay. Thanks, Doc.

(MARCIA SIGHS AND CLEARS THROAT)

(SIGHS)

Yeah, well, I trust
Vicary's judgment.

If Erik was abused for most of
his life, where was his mother?

Where was the
rest of his family?

Hard to picture a 17-year-old...

I mean, Erik's an
athlete. He's no push over.

I mean, even if it's true,

what does it have to
do with the murders?

I know you see a defense
here, Leslie, but I'm not so sure.

First, we need corroboration.

We also need to know
more about this family.

The evidence better
be convincing because

the image this family has,
the picture perfect smiles,

sex abuse is going to
be a tall leap for a jury.

It's a tall leap for me.

You really believe
what Erik said, Leslie?

As a mother and a
human being, I believe it.

As a lawyer, I'll believe
it when we can prove it.

So, let's find the proof.

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