*Excerpt from The Defense is Ready: Life in the Trenches of Criminal Law by Leslie Abramson:*
_Full penetration anal sex will not happen until Erik is twelve. And then it is a rape. He screams during it._
_His father tells him, "If you ever cry again or scream I'll make sure I hit you so hard you'll never be able to cry or scream again. Do you understand?" He slaps him._
_"Yes."_
_"Okay, so you'll understand why if I beat you that badly it won't be my fault-- and whose fault will it be?"_
_"Mine."_
_The sex acts evolve into punishment for the most part. If you lose an important tennis match, it's up to your room, the slat under the doorknob. Disobey instructions on the tennis court and Father will see you in your bedroom. Do badly at school... try to run away... embarrass the family in any way: you know what will happen._
_Sex, or something approximating it, becomes a tool, also, in Jose's mind to toughen his sensitive son. The sex becomes intentionally painful (Erik is cut and punctured with various implements) so that Erik will become inured to it and become stronger. It's for his own good, his father tells him._
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*FROM ERIK MENENDEZ'S DIRECT EXAMINATION BY BARRY LEVIN, DECEMBER 8, 1995:*
Q DO YOU RECALL THE FIRST TIME THAT YOUR FATHER SODOMIZED YOU?
A YES.
Q TELL THE JURY WHAT HAPPENED.
A MY FATHER CAME INTO MY ROOM. I WAS HOME ALONE WITH HIM. HE PUT A SLATE UNDERNEATH THE DOOR. HE CLOSED THE BLINDS AND TOLD ME TO TAKE OFF MY CLOTHES AND BEND OVER THE FOOT BOARD, AND I DID SO.
Q FIRST OF ALL, YOU MENTION THE SLATE. WHAT DO YOU MEAN BY A SLATE?
A THERE WAS A WOODEN BOARD THAT -- I HAD MANY UNDER MY BED AND ONE WAS KEPT BEHIND THE DOOR AND HE WOULD PUT IT UNDERNEATH THE DOOR TO THE FLOOR AND IT WOULD JAM THE DOOR CLOSED.
Q UNDERNEATH THE DOOR HANDLE TO THE FLOOR?
A YES.
Q HE WOULD TELL YOU TO DO THAT?
A NO. HE WOULD DO IT HIMSELF.
Q WHAT KIND OF SLED OR SLATE WAS THIS?
A A WOODEN ONE.
Q WHAT HAPPENED AFTER YOU BARRICADED THE DOOR?
A I DIDN'T BARRICADE THE DOOR.
Q WHAT HAPPENED AFTER YOUR FATHER BARRICADED THE DOOR?
A HE GOT UNDRESSED AND HE GOT ON THE BED.
Q WHAT HAPPENED THEN?
A HE PUT THE VASELINE HE HAD BROUGHT INTO THE ROOM ON ME AND ON HIM AND HE ENTERED ME.
Q AND DID YOU -- DID IT HURT?
A OH, YES.
Q DID YOU CRY OUT IN PAIN?
A YES.
Q HOW DID IT HURT?
A NEEDLES AND CUTTING ME OPEN, FELT LIKE I WAS BEING TORN IN TWO.
Q WHAT DID YOU WANT YOUR FATHER TO DO?
A I ASKED HIM TO STOP.
Q HOW DID YOU ASK HIM TO STOP?
A I SAID, PLEASE, DADDY, YOU'RE HURTING ME. PLEASE STOP.
Q DID YOU THINK YOUR FATHER WANTED TO HURT YOU?
A I WASN'T SURE ANYMORE.
Q BY MR. LEVIN: DID YOUR FATHER STOP?
A NO.
Q WHAT DID HE DO?
A CONTINUED.
Q AND DID THIS HAPPEN ON MORE THAN ONE OCCASION, WHERE HE WOULD SODOMIZE YOU AND IT WOULD HURT AND YOU WOULD TELL HIM TO STOP?
A NO.
Q WAS THERE A REASON WHY IT DIDN'T HAPPEN ON MORE THAN ONE OCCASION?
A YES.
Q WHY?
A BECAUSE AFTER THIS OCCASION MY FATHER TOLD ME WHY HE HAD CONTINUED AND I VOWED WHEN I WAS IN THE BATHTUB AFTERWARDS NEVER TO RESIST, NEVER TO FIGHT, NEVER TO CRY OUT.
Q WHY DID YOUR FATHER TELL YOU THAT HE CONTINUED?
A HE TOLD ME BECAUSE -- THAT I HAD BEEN SCREAMING AND CRYING AND HAD BEEN PLEADING WITH HIM TO STOP.
Q WHEN HE CONTINUED DID HE HURT YOU MORE?
A I ASSUME HE DID. I DON'T REMEMBER IT AFTERWARDS. I REMEMBER THE PAIN. I REMEMBER THE -- HIM GOING INTO ME. I REMEMBER THE AGONY OF THE FEELING AND I REMEMBER LEAVING MY MIND. AND I DON'T REMEMBER ANYTHING MORE ABOUT IT UNTIL AFTERWARDS WHEN HE PUT A TOWEL DOWN ON MY BED.
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Trial Footage:
Second Trial Transcripts:
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