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‘Omitted Truth,’ Says Witness : Courts: Jose Menendez’s sister testifies that in initial police interview she did not mention abuse of the brothers.

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From Associated Press

The aunt of Erik and Lyle Menendez testified Tuesday that she “omitted certain issues of the truth” when police first interviewed her because she hoped to protect the images of her slain brother and his family.

Marta Menendez Cano, concluding two days of testimony on behalf of her nephews at their murder trial in Van Nuys Superior Court, insisted she is telling the truth. “I just know things I didn’t know before and I have the integrity to say what I know,” she said.

Jose and Kitty Menendez were shot to death in their Beverly Hills mansion in August, 1989. Erik Menendez, 22, and Lyle Menendez, 25, are accused of murdering their parents for money. They have confessed to the shootings but say they killed in self-defense after years of abuse.

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Cano accused her brother and sister-in-law of child abuse, neglect and cruelty to their sons.

But under a rapid-fire cross-examination by Deputy Dist. Atty. Pamela Bozanich, Cano acknowledged that she did not mention such abuse when she was contacted by Beverly Hills Police Detective Leslie Zoeller in October, 1989.

“You said they were close and loving?” Bozanich asked.

“They were close, not loving,” Cano, 51, said.

Asked if she misled the detective, Cano said: “I just omitted certain issues I did not think were necessary to admit. . . . Jose didn’t want certain things told to the outside world.”

“But Jose was dead then, wasn’t he?” the prosecutor asked.

“Yes, but his image was still there,” Cano said.

“It was your intent to paint a rosy picture?” Bozanich asked.

Cano said she was trying to save the family name and added that nothing was more important to her brother and sister-in-law than their public image.

Cano said she had no reason to suspect her nephews in the killings at the time of the Zoeller interview.

“Why didn’t you tell Detective Zoeller the truth in October of ‘89?” Bozanich asked.

“The boys were not at stake at that time,” Cano said softly.

“So you lied?” the prosecutor asked.

“I didn’t lie to him,” Cano said. “I deviated portraits of image. I did not reveal details I knew were confidential.”

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Bozanich asked if Cano was then aware of all the incidents of mistreatment she recounted on the stand.

“Yes,” she said. “And I still think they would not have killed them for that alone.”

Cano, the godmother of Erik Menendez, acknowledged that she loves her nephews but said she also loved her brother and that it is difficult for her to besmirch his image even now.

“They had a beautiful image of what the family name was,” she said. “I wish I never had to change that.”

Superior Court Judge Stanley Weisberg ruled that Cano may not tell jurors the brothers were shocked at the $8-million size of their father’s estate and were surprised to learn they were beneficiaries of a life insurance policy.

Such assertions, he said, must come from the defendants when they testify and they can be cross-examined about it.

Weisberg said the statements related by the aunt lacked trustworthiness because the brothers had time and reason to fabricate a story after they killed their parents.

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Defense attorney Leslie Abramson was clearly upset by the ruling and during a break the judge threatened to hold her in contempt if she continued to show her displeasure.

“Ms. Abramson, you tend to shake your head negatively when the court rules against you,” the judge said, adding he might have to find her in contempt at some point.

“The court may soon find me in contempt because I am finding the court’s rulings astonishingly biased,” Abramson said.

“Are you inviting contempt?” the judge asked.

“No. There’s only so much unfairness one can bear,” the lawyer said.

“You had better behave professionally, is that clear?” Weisberg asked.

“I heard you,” she said.

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