Brothers Erik and Lyle Menendez were denied mistrials Friday in the penalty phase of their murder trial as a lead attorney invoked her right to avoid self-incrimination in a misconduct probe.
Superior Court Judge Stanley Weisberg rejected arguments that the brothers, already convicted of murder, both suffered from the potentially ineffective legal representation for Erik by attorney Leslie Abramson.Abramson refused to answer Weisberg's questions on why a defense psychiatrist's notes from an interview with Erik, her client, were edited before being given to prosecutors.
Abramson co-counsel Barry Levin then moved for a mistrial on Erik's behalf, saying jurors who heard the psychiatrist's testimony would be unfairly swayed if Abram-son's credibility is undermined.
Weisberg rejected the motion, saying Erik still had "conflict-free" counsel from Levin during the penalty phase, in which the jury is considering death or life in prison for the brothers.
"Any counsel can come from Mr. Levin without conflict," the judge said.
Defense attorneys were disappointed with the rulings. Had a mistrial been declared, the penalty phase would have restarted.
Lyle's attorney, Deputy Public Defender Charles Gessler, had earlier sought a mistrial on his behalf, saying Abramson's conduct amounted to ineffective counsel. The judge rejected Lyle's motion.
The jury, which convicted the brothers of murdering their parents, had been hearing testimony to decide whether to recommend death or life in prison without parole. The panel was sent home until at least Monday.
On Thursday, defense psychiatrist William Vicary testified that he deleted material from interview notes at Abram-son's direction.
Vicary said she told him to remove Erik's comments that a week before the killings he talked about "what it would be like to live without his parents."