2nd menendez trial, Eriks cross examination
Mr. Conn: You testified earlier about some photographs shown to you by your attorney. Do you recall those? Mr. Levin: Objection, Your Honor. It is unclear which photographs counsel is referring to. The Court: Sustained. It’s ambiguous.
Mr. Conn: Let me show you what has been marked as 352-A. Is that one of the photographs you identified here in court? Erik Menendez: Yes.
Mr. Conn: You stated your father would take photographs of you in the nude? Erik Menendez: He would.
Mr. Conn: Are there any eyewitnesses to your father taking these photographs? Erik Menendez: Certainly there would never be a witness when he had me pose in a specific position for him. That would never occur. Regarding a photograph like this—where I don't know if he had Lyle pose or what was happening—it’s difficult to imagine there would be more than one witness, and I don’t know if there are any.
Mr. Conn: So, there is not a single witness to your father taking a photograph of you in the nude; is that correct? Erik Menendez: I can't say whether there are or not. I'm not aware of them.
Mr. Conn: And you cannot provide the name of any witness? Erik Menendez: No, I cannot.
Mr. Conn: Regarding the photograph I just showed you, you testified that it is your brother, Lyle Menendez? Erik Menendez: Yes.
Mr. Conn: How do you know that? Erik Menendez: Because it’s not me. Unless my father was taking pictures of other naked children, it’s my brother.
Mr. Conn: You don't actually know who took that particular photograph, do you? Erik Menendez: I didn't take it. It never occurred to me that it could be my mother.
Mr. Conn: You have no personal knowledge of where these photographs were recovered from, do you? Erik Menendez: I know they were recovered from the boxes at my home.
Mr. Conn: By "personal knowledge," I mean did you see them being recovered? Erik Menendez: No. I wasn't there. I trust my attorneys would tell me if they got them from my home.
Mr. Conn: Exhibit 356 is a group of negatives. Have you looked at these? Erik Menendez: Yes.
Mr. Conn: This strip contains four negatives. Do you recognize the first image as being the same as photograph 222? Erik Menendez: Yes, it is.
Mr. Conn: And the second photograph in that strip—which you say is perhaps Lyle—is that correct? Erik Menendez: I believe it is Lyle. I think he identified it at the last trial because of his hand and the imprint of his hand across his body.
Mr. Conn: Do you see a scar that you recognize? Erik Menendez: I’m not talking about a scar. If you look at the hand and match it to the photograph, it’s pretty obvious it’s Lyle. Even though he was 12 or 18 years younger, I personally believe it is him.
Mr. Conn: Showing you 371, which was previously 224. Is this a print of the third image in that group of negatives? Erik Menendez: Yes.
Mr. Conn: And directed at the first photograph in this strip: do you see your father in that photograph? Erik Menendez: (Looking closer) Yes, I do.
Mr. Conn: So you know your father didn't take that specific photograph, correct? Erik Menendez: Clearly.
Mr. Conn: Can you tell us what this is a photograph of? Erik Menendez: I have no idea.
Mr. Conn: Does it look like the bottom of a door touching a carpet? Erik Menendez: It looks like a post to me, or maybe a door because of the shadow.
Mr. Conn: You saw your father hold a camera on occasion? Erik Menendez: When he was taking photographs of me, he was holding a camera.
Mr. Conn: Did he operate it properly? Erik Menendez: He wasn’t great with electronics, but a camera is simple. I imagine he used it properly.
Mr. Conn: Do you specifically recall your father taking that photograph of you? Erik Menendez: I was six years old; I can’t say I recall that particular one. But I don’t remember anyone else doing that type of thing. He would wake me up with ice water and take pictures to see my reaction.
Mr. Conn: Did you or Lyle ever have access to cameras or receive one as a gift? Erik Menendez: I don't remember where they were kept. I don't remember Lyle taking photographs. And no, we never received a camera as a present.
The Court: We will recess for lunch until 1:30 PM.