menendez brothers case - mr. levin: yes, your honor ......mr. levin: yes, your honor. the next...

MR. LEVIN: YES, YOUR HONOR. THE NEXT WITNESS IS ANDY CANO.

ANDRES CANO,

WAS CALLED AS A WITNESS BY THE DEFENSE, WAS DULY SWORN, AND

TESTIFIED AS FOLLOWS:

THE CLERK: RAISE YOUR RIGHT HAND TO BE SWORN.

YOU DO SOLEMNLY SWEAR THAT THE TESTIMONY YOU MAY GIVE IN

THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL BE THE TRUTH,

THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.

THE WITNESS: I DO.

THE CLERK: PLEASE BE SEATED AT THE WITNESS STAND.

PLEASE STATE AND SPELL YOUR FULL NAME FOR THE RECORD.

THE WITNESS: ANDRES, A-N-D-R-E-S, CANO, C-A-N-O.

THE CLERK: THANK YOU.

MR. LEVIN: I JUST NEED ONE MOMENT, YOUR HONOR.

THE COURT: SURE.

DIRECT EXAMINATION

BY MR. LEVIN:

Q: MR. CANO, ARE YOU ALSO KNOWN AS ANDY CANO?

A: YES.

Q: ARE YOU ERIK MENENDEZ' COUSIN?

A: YES.

Q: AND ARE YOU THE SON OF MARTA AND PETER CANO?

A: THAT'S RIGHT.

Q: DIRECTING YOUR ATTENTION TO, I BELIEVE, EXHIBIT 106, THE

FAMILY TREE THAT'S BEEN PREPARED.

DO YOU SEE YOURSELF ANYWHERE ON THAT CHART?

A: YEAH. I'M RIGHT DOWN HERE (POINTING).

Q: WHERE IT SAYS, "ANDRES," ANDY?

A: RIGHT.

Q: SO YOU'RE THE FIFTH CHILD OF MARTA AND PETER?

A: THAT'S RIGHT.

Q: AND YOUR MOTHER, MARTA CANO, IS THE SISTER OF JOSE

MENENDEZ?

A: THAT'S CORRECT.

Q: JOSE MENENDEZ WAS YOUR UNCLE?

A: RIGHT.

Q: MR. CANO, YOU HAVE TESTIFIED BEFORE IN A TRIAL IN THIS CASE,

CORRECT?

A: YEAH.

Q: AND THAT WAS ON OCTOBER THE 12TH, 1993?

A: RIGHT.

Q: WHERE WAS IT THAT YOU WERE BORN?

A: I WAS BORN IN NEW JERSEY, IN LIVINGSTON.

Q: AND AT SOME POINT IN TIME IN YOUR EARLY YEARS DID YOU MOVE

TO PUERTO RICO?

A: RIGHT. MY PARENTS WANTED ME TO BE BORN IN THE STATES,

INSTEAD OF ON THE ISLAND OF PUERTO RICO, BUT I'D HAD BEEN

LIVING THERE AT THE TIME.

SO BASICALLY I JUST CAME TO BE BORN IN NEW JERSEY.

Q: AND HOW OLD WERE YOU WHEN YOU LEFT PUERTO RICO AND

RETURNED TO THE MAINLAND?

A: I WAS SIX YEARS OLD, GOING ON SEVEN.

Q: NOW, WHEN YOU RETURNED BACK TO THE MAINLAND, WHERE DID

YOU LIVE?

A: WE LIVED IN NEW JERSEY.

Q: AND DID YOU HAVE AN OPPORTUNITY TO BECOME FRIENDS WITH

ERIK MENENDEZ?

A: YES.

Q: OVER WHAT PERIOD OF TIME WOULD YOU SAY THAT YOUR

RELATIONSHIP WITH ERIK MENENDEZ WAS CLOSEST?

A: I WOULD SAY BETWEEN MY AGES OF 8 AND 13.

Q: AND ARE YOU YOUNGER THAN ERIK MENENDEZ?

A: YES.

Q: HOW MUCH YOUNGER ARE YOU?

A: TWO AND A HALF YEARS YOUNGER THAN ERIK.

MS. ABRAMSON: EXCUSE ME.

(ATTORNEYS ABRAMSON AND LEVIN CONFER SOTTO VOCE.)

Q: BY MR. LEVIN: I'M SORRY.

WHAT AGES WERE YOU WHEN YOU WERE CLOSEST TO ERIK

MENENDEZ?

A: CLOSEST AGES WOULD BE BETWEEN 8 AND 13, ALTHOUGH I SPENT

MORE TIME WITH HIM, I KNOW, BETWEEN MY AGES OF 9 THROUGH 11,

9, 10, AND 11.

Q: WAS THERE A PERIOD OF TIME WHEN YOU BEGAN TO FREQUENT THE

MENENDEZ HOME WITH SOME FREQUENCY?

A: YES.

Q: AND WHEN DID THAT BEGIN?

A: IT BEGAN AROUND AGE SEVEN AND EIGHT, THAT I BEGAN TO STAY

OVER THERE AND VISIT THEM MORE OFTEN.

Q: HOW OFTEN WOULD YOU SAY THAT YOU WOULD VISIT THE

MENENDEZ HOME?

A: WELL, I'D VISIT PROBABLY, MAYBE, ONCE A MONTH OR ONCE EVERY

TWO MONTHS. PRETTY CLOSE. IT WAS MONTHLY.

Q: WHERE DID YOU LIVE AT THE TIME?

A: WE WERE LIVING IN LAWRENCEVILLE, NEW JERSEY.

Q: HOW FAR WAS LAWRENCEVILLE FROM WHERE ERIK MENENDEZ

LIVED?

A: FROM LAWRENCEVILLE -- ERIK WAS LIVING IN PENNINGTON. I'D

CALL IT HALF HOUR.

Q: NOW, WERE YOU LIVING WITH YOUR MOTHER?

A: YES.

Q: WERE YOUR PARENTS DIVORCED AT THAT TIME?

A: YES.

Q: AND WHEN YOU WOULD COME TO ERIK MENENDEZ' HOUSE, WOULD

YOU EVER SPEND THE NIGHT?

A: YES.

Q: HOW OFTEN WOULD THAT TAKE PLACE?

A: I WOULDN'T STAY OVER THERE ALL THE TIME. LIKE I SAID, I SAW

HIM PROBABLY, ONCE, MAYBE TWICE A MONTH. BUT I WOULDN'T STAY

OVER THERE MORE OFTEN THAN MAYBE ONCE EVERY TWO MONTHS.

Q: AND THIS WOULD BE FROM WHAT AGES, WOULD YOU SAY?

A: MOSTLY BETWEEN THE AGES OF 9 THROUGH 11.

Q: DID YOU HAVE OR FIND THAT YOU HAD CERTAIN THINGS IN

COMMON WITH YOUR COUSIN?

A: YES.

Q: WHAT WAS IT THAT YOU HAD IN COMMON WITH HIM?

A: WE WERE BOTH ATHLETIC, BOTH PLAYED SOCCER. WE LIKED THE

SAME TYPE OF THINGS. WE LIKED TO RUN AROUND OUTSIDE. WE WERE

PRETTY SIMILAR IN THE WAY WE LIKED TO PLAY AND SO FORTH.

Q: DID YOU LIKE TO PLAY WITH YOUR COUSIN?

A: ABSOLUTELY.

Q: YOU LOOKED FORWARD TO GOING OVER TO THE HOUSE TO BE WITH

HIM?

A: DEFINITELY.

Q: AND WHEN YOU WOULD COME TO THE HOUSE ON EACH OF THOSE

OCCASIONS, WOULD YOU AND ERIK PLAY?

A: YES.

Q: WAS THERE A TIME, MR. CANO, WHERE -- OR WHEN ERIK MENENDEZ

CONFIDED AN IMPORTANT SECRET TO YOU?

A: YES.

Q: AND HOW OLD WERE YOU WHEN THIS OCCURRED?

A: I BELIEVE I WAS 10 YEARS OLD.

Q: THAT WOULD MAKE ERIK MENENDEZ ABOUT 12 OR 13; IS THAT

CORRECT?

A: CORRECT.

Q: AND DO YOU HAVE IN MIND THE PARTICULAR INCIDENT WHERE

ERIK MENENDEZ TOLD YOU THE SECRET?

A: YES, I DO.

Q: WAS IT SOMETHING THAT STOOD OUT IN YOUR MIND AS BEING

VERY IMPORTANT?

A: DEFINITELY.

Q: WHERE WERE YOU WHEN ERIK MENENDEZ TOLD YOU THIS SECRET?

A: WE WERE -- HE HAD BEEN STAYING OVER MY HOUSE. HE STAYED

OVER THAT NIGHT, AND WE HAD BEEN PLAYING IN OUR BACKYARD,

WHICH CONSISTED OF CORN FIELDS.

Q: THIS WAS AT YOUR HOUSE IN --

A: IN LAWRENCEVILLE.

Q: LAWRENCEVILLE?

A: CORRECT.

Q: HOW OFTEN WOULD YOU SAY ERIK MENENDEZ SPENT THE NIGHT AT

YOUR HOUSE?

A: MOSTLY NEVER. I RECALL ONCE. MIGHT HAVE BEEN TWICE, BUT I

CAN ONLY REALLY REMEMBER THAT PARTICULAR TIME.

Q: AND SO THIS OCCASION, WHERE ERIK MENENDEZ TOLD YOU THIS

INFORMATION, WAS WHILE HE WAS AT YOUR HOUSE AND IT WAS LIKE

A SLEEP-OVER. HE WAS GOING TO SPEND THE NIGHT?

A: RIGHT, RIGHT.

Q: WHAT WERE YOU DOING JUST BEFORE HE TOLD YOU THIS SECRET?

A: WE WERE PLAYING BACK IN THOSE FIELDS. THEY WERE LIKE

AGRICULTURE FIELDS, AND THERE WAS A LINE OF WOODS AND MORE

CORN FIELDS; AND WE HAD BEEN RUNNING BACK THERE WITH TOY

GUNS AND PLAYING GAMES.

Q: HAVING FUN?

A: YEAH.

Q: AND WAS THERE SOMETHING THAT HAD OCCURRED THAT CAUSED

YOU TO STOP PLAYING AND TO START TALKING?

A: YES.

Q: WHAT HAPPENED?

A: WELL, WE SPOTTED A HELICOPTER, AND I REMEMBER THAT THE

FARMER WHO OWNED THE FIELDS DIDN'T LIKE ANYBODY ON THEM. I'D

GO BACK THERE ALL THE TIME. IF HE CAUGHT SOMEBODY, I THOUGHT

IT WOULDN'T BE A NICE THING.

SO WE DECIDED TO SEEK SOME SHELTER SO THE HELICOPTER

WOULDN'T SEE US, AND THAT STOPPED ALL OF IT.

Q: DID YOU MEET AT SOME LOCATION?

A: YEAH. WHAT WE DECIDED TO DO WAS SPLIT UP, AND THERE WAS A

TREE THAT WE BOTH KNEW OF, AND WE BOTH RAN BACK IN

DIFFERENT PATHS TO THAT TREE THROUGH THE FIELDS.

Q: SO AS CHILDREN YOU HAD A SPECIAL MEETING PLACE THAT YOU

KNEW ABOUT?

A: SOMETHING LIKE THAT, YEAH.

Q: AND WHEN YOU GOT TO THE TREE, WHAT WAS IT THAT ERIK

MENENDEZ TOLD YOU?

A: HE BEGAN TO ASK ME IF MY FATHER EVER GAVE ME MASSAGES.

THE CONVERSATION WENT ON TO HIM LETTING ME KNOW THAT HIS

FATHER WAS GIVING HIM MASSAGES.

Q: HOW -- HOW DID HE REPORT THIS TO YOU? I TAKE IT YOU DON'T

RECALL THE EXACT SPECIFIC WORDS THAT HE USED; IS THAT

CORRECT?

A: THAT'S CORRECT. I -- I REMEMBER THE CONVERSATION PRETTY

WELL. HOW DID HE RECALL THE MASSAGES?

Q: HOW DO YOU RECALL THAT ERIK REPORTED IT TO YOU?

A: OKAY. I REMEMBER HE BASICALLY WAS REACHING OUT TO ME TO

FIND OUT IF WHAT WAS GOING ON IN HIS LIFE WAS NORMAL AND WAS

HAPPENING IN MINE.

MR. CONN: OBJECTION. CALLS FOR SPECULATION.

THE COURT: SUSTAINED.

AS TO THE LAST ANSWER, IT'S STRICKEN.

REPHRASE THE QUESTION.

Q: BY MR. LEVIN: TELL US YOUR FEELINGS OF HOW YOU INTERPRETED

IT. AS BEST YOU CAN, TELL THE JURY THE SUBSTANCE OF THE

CONVERSATION.

A: OKAY.

Q: HE SAID SOMETHING AND YOU SAID SOMETHING AND HE SAID

SOMETHING BACK.

A: CORRECT. BASICALLY, WHAT IT CONSISTED OF WAS ERIC ASKING

ME IF MY FATHER EVER MASSAGED ME IN THE GENITAL AREA, AND I

SAID THAT -- NO. AND I ALSO WOULDN'T KNOW IF IT WOULD HAVE

BEEN NORMAL, BECAUSE MY FATHER AT THE TIME WAS IN PUERTO

RICO, AND MY PARENTS WERE DIVORCED.

WE WERE BOTH KIDS AND WE HAD NO IDEA WHETHER WHAT WAS

HAPPENING TO HIM WAS SOMETHING THAT WAS NORMAL OR NOT.

SO HE WAS REACHING OUT TO ME TO TRY AND --

THE COURT: YOU'VE ANSWERED THE QUESTION.

ASK ANOTHER QUESTION.

Q: BY MR. LEVIN: ALL RIGHT. HE ASKED YOU IF YOUR FATHER HAD

GIVEN YOU MASSAGES AND YOU TOLD HIM NO; AND THEN HE TOLD

YOU THAT HIS FATHER HAD MASSAGED.

DID HE SAY HOW OR WHERE HIS FATHER MASSAGED HIM?

A: YES. YES, HE DID. HE SAID HIS FATHER MASSAGED HIS "DICK," HIS

EXACT --

Q: HE USED THAT WORD "DICK"?

A: I REMEMBER.

Q: AND HE ALSO ASKED YOU IF YOU THOUGHT THAT THIS WAS

NORMAL?

A: THAT'S CORRECT.

Q: HOW DID HE ASK YOU IF IT WAS NORMAL? DID HE SAY: IS THIS

NORMAL? OR HOW DID HE ASK YOU, IF YOU REMEMBER?

A: HE ASKED ME IF THAT EVER HAPPENED WITH ME AND MY FATHER.

Q: AND WHAT WAS YOUR RESPONSE?

A: NO.

Q: DID YOU OFFER A WAY IN WHICH YOU MIGHT BE ABLE TO FIND OUT

SOME INFORMATION FOR HIM?

A: I WANTED TO ASK MY MOTHER.

Q: DID YOU TELL THAT TO ERIK MENENDEZ?

A: YES, I DID.

Q: WHAT DID YOU SAY TO HIM?

A: I SAID: WELL, WHY DON'T WE ASK MY MOTHER, WHICH WAS THE

CLOSEST PERSON TO ME AT THE TIME, YOU KNOW, OTHER THAN --

Q: AND DID ERIK MENENDEZ RESPOND TO YOUR OFFER?

A: YEAH. HE SAID NO WAY.

Q: WHAT DID HE TELL YOU ABOUT YOU TALKING TO YOUR MOTHER? IS

THAT ALL HE SAID WAS JUST NO WAY?

A: NO. HE SAID IT WOULDN'T BE A GOOD IDEA.

Q: DID THE CONVERSATION INCLUDE A DISCUSSION ABOUT YOU NOT

TELLING ANYONE THIS INFORMATION?

A: YES.

Q: AND HOW WAS IT RELATED TO YOU THAT YOU WERE TO KEEP THIS

AS A SECRET?

A: HE MADE ME PROMISE HIM TO KEEP WHAT HE HAD TOLD ME A

SECRET AND NEVER TO REVEAL THAT.

Q: HOW DID HE RELATE THAT TO YOU?

A: HOW DID HE RELATE THAT TO ME?

Q: WHAT WAS IT HE SAID, OR WHAT WAS THE SUBSTANCE OF WHAT HE

SAID?

A: HE SAID KEEP THIS A SECRET. HE SAID, NEVER TELL ANYBODY.

PROMISE THAT YOU WILL NEVER EVER TELL ANYBODY.

Q: SO HE TOLD YOU THAT HE WANTED YOU TO KEEP IT A SECRET AND

THAT HE WANTED YOU TO TELL HIM THAT YOU WOULD KEEP IT A

SECRET?

A: THAT'S CORRECT.

Q: DID YOU FEEL THAT ERIK MENENDEZ WAS SERIOUS IN TELLING YOU

SOMETHING THAT WAS REALLY HAPPENING IN HIS LIFE?

A: HE WAS VERY SERIOUS. HE WAS NOT JOKING AROUND. HE HAD A

VERY SERIOUS FACE --


THE COURT: THE ANSWER WILL STAND.

Q: BY MR. LEVIN: WAS THIS INFORMATION THAT YOU RECEIVED, MR.

CANO, SOMETHING THAT STUNNED YOU?

A: ABSOLUTELY. IT DIDN'T REALLY STUN ME AT THE TIME. I DIDN'T

UNDERSTAND, PUT IT THAT WAY. BUT I WANTED TO FIND OUT WHAT

WAS HAPPENING.

Q: DID YOU KNOW, IN A CHILD'S WAY, THAT YOU WERE RECEIVING

SOMETHING THAT WAS VERY IMPORTANT?

A: IT WAS VERY IMPORTANT TO HIM.

Q: AND WAS THERE ANY QUESTION IN YOUR MIND THAT ERIK

MENENDEZ WAS SERIOUS?

A: ABSOLUTELY. THERE WAS NO QUESTION IN MY MIND THAT HE WAS

VERY SERIOUS.

Q: COULD YOU EXPLAIN, OR PERHAPS EVEN DESCRIBE, IF YOU

REMEMBER, HIS DEMEANOR, THE WAY HE ACTED, THAT CAUSED YOU

TO BELIEVE THAT HE WAS SERIOUS.

A: HIS TONE OF VOICE. HE WOULDN'T LOOK AT ME AT ALL. HE WAS

ALMOST LOOKING AWAY, LIKE HE DIDN'T WANT TO TELL ME, BUT HE

NEEDED TO.

BASICALLY, HIS TONE OF VOICE IS WHAT MAKES ME RECALL THE

MOST.

Q: DID YOU RESPOND TO ERIK MENENDEZ, TO HIS REQUEST TO YOU TO

PROMISE HIM THAT YOU WOULD NOT SAY ANYTHING?

A: YES, I DID PROMISE HIM.

Q: WHAT DID YOU TELL HIM?

A: I PROMISED HIM THAT I'D NEVER TELL ANYBODY THAT.

Q: DID YOU KEEP IT A SECRET?

A: YES, I DID.

Q: WERE THERE ANY OTHER CONVERSATIONS FOLLOWING THIS ONE

THAT OCCURRED AT THE TREE, WHERE THIS OR A SIMILAR SUBJECT

MATTER WAS DISCUSSED?

A: WE NEVER WENT BACK TO THE TREE, IF THAT'S YOUR QUESTION.

Q: NO. NOT AT THE TREE. I'M TALKING ABOUT -- SO THAT IT BE CAN BE

IDENTIFIED AS THE CONVERSATION AT THE TREE.

A: DID WE EVER TALK ABOUT THIS AGAIN?

Q: DID YOU EVER TALK ABOUT EITHER THE SUBJECT MATTER OR -- THE

SAME SUBJECT MATTER AGAIN AFTER THAT?

A: YES.

Q: AND ABOUT HOW LONG LATER WAS IT THAT YOU HAD ANOTHER

CONVERSATION?

A: APPROXIMATELY AROUND A MONTH. IT WAS THE NEXT TIME I SAW

HIM AT HIS HOUSE.

Q: IN PENNINGTON?

A: CORRECT.

Q: AND WHAT WAS IT THAT YOU TALKED ABOUT ON THAT OCCASION?

A: HE REALLY WANTED TO KNOW WHETHER I HAD KEPT IT A SECRET.

HE WANTED TO FIND OUT IF I HAD TOLD MY MOTHER; AND BASICALLY,

AFTER THAT CONCLUDED, WE WERE TALKING ABOUT WHETHER IT

WAS NORMAL OR NOT.

Q: DID HE DESCRIBE, WITH ANY ADDITIONAL CLARITY OR

DESCRIPTION, WHAT HIS FATHER WAS DOING TO HIM AT THAT TIME?

A: NO.

Q: DID HE TELL YOU OR INDICATE TO YOU THAT THE MASSAGES THAT

HE DESCRIBED TO YOU WERE SOMETHING THAT WAS HAPPENING TO

HIM RIGHT THEN AND THERE IN HIS LIFE AT THAT TIME IN HIS LIFE?

A: YES, YES.

Q: DID YOU ASK HIM ANY QUESTIONS ABOUT IT, AS TO HOW LONG IT

HAD BEEN OCCURRING OR TO DESCRIBE IT MORE IN DETAIL?

A: NO, SIR, NOT THAT I RECALL.

Q: ON THIS SECOND CONVERSATION, DID ERIK MENENDEZ SEEM TO

YOU TO BE AS SERIOUS AS HE WAS BACK AT THE CONVERSATION THAT

OCCURRED AT THE TREE?


THE COURT: OVERRULED.

THE WITNESS: IF NOT MORE.

Q: BY MR. LEVIN: DID YOU EVER TALK ABOUT THAT SUBJECT MATTER

AGAIN?

A: I CAN RECALL ONE OTHER TIME THAT IT WAS BROUGHT UP.

Q: AND WHEN WAS THAT?

A: PROBABLY, AGAIN, ANOTHER COUPLE OF MONTHS DOWN THE LINE.

Q: WHERE WAS IT THAT YOU WERE AT WHEN YOU HAD THAT THIRD

CONVERSATION?

A: WE WERE IN HIS BEDROOM IN THE PENNINGTON HOUSE.

Q: AND WHAT WAS THE NATURE OF THE DISCUSSION ON THIS

OCCASION?

A: THE NATURE OF THE DISCUSSION WAS THE SAME.

Q: YEAH. WHAT WAS IT?

A: HE WAS TELLING ME THE MASSAGING -- HE WAS STILL RECEIVING

MASSAGES AND IT WAS STARTING TO HURT.

Q: DID HE TELL YOU WHETHER OR NOT HE WANTED THESE MASSAGES

TO CONTINUE OR STOP?

A: HE WANTED THEM TO STOP.

Q: WHEN YOU WERE AT ERIK MENENDEZ' HOUSE, WOULD YOU BE

INSIDE THE BEDROOM WITH HIM, HIS BEDROOM?

A: WOULD I SLEEP THERE?

Q: YES.

A: YES.

Q: AND, IF YOU RECALL, WAS THERE ANY WAY THAT ERIK MENENDEZ

WOULD LOCK THE DOOR, CLOSE THE DOOR, SECURE THE DOOR?

A: THE DOORS DID NOT HAVE LOCKS ON THEM AT ALL, AND THERE

WAS A SLAT -- THERE WAS A BED UNDER A BED. AND WHEN YOU

PULLED THE BED OUT THERE WAS A SLAT THAT WAS LOOSE THAT YOU

CAN ACTUALLY PIN UNDER THE DOOR.

Q: AND DID ERIK MENENDEZ USE THAT SLAT IN ANY PARTICULAR

FASHION?

A: HE USED IT.

Q: DID HE PIN IT UNDER THE DOOR?

A: YES, I SAW HIM ONCE PIN IT UNDER THE DOOR.

Q: DID YOU HAVE ANY NICKNAMES?

A: DID I? NO.

Q: DID ERIK MENENDEZ HAVE ANY NICKNAMES?

A: HE CALLED HIMSELF "HURT MAN".

Q: AND HOW DID HE REFER TO HIMSELF AS HURT MAN?

A: HE -- FOR INSTANCE, IF WE WERE PLAYING, YOU KNOW, EVEN JUST A

SOLDIER GAME OR A CHESS GAME, THIS IS "HURT MAN'S" SIDE. THIS IS

MY SIDE, HURT MAN.

Q: DID YOU EVER ASK HIM WHY HE REFERRED TO HIMSELF AS HURT

MAN?

A: NO, NOT THAT I CAN REMEMBER.

Q: DID YOU LOOK UP TO YOUR COUSIN?

A: YES.

Q: DO YOU LOVE HIM?

A: YES, I DO.

Q: WOULD YOU LIE FOR HIM?

A: NOT IN COURT AND NOT UNDER OATH. I MIGHT LIE FOR HIM IN THE

REAL WORLD. I CAN'T SAY I WOULDN'T. BUT I'M NOT LYING FOR HIM

NOW, AND I WOULDN'T LIE FOR HIM UNDER OATH.

Q: YOU WERE AWARE AT SOME POINT IN TIME THAT ERIK MENENDEZ

WAS TURNING HIMSELF IN TO BE ARRESTED IN CONNECTION WITH THE

DEATHS OF HIS PARENTS?

A: YES.

Q: AND DID YOU ACCOMPANY ERIK MENENDEZ ON A FLIGHT FROM

FLORIDA TO LOS ANGELES?

A: I DID.

Q: DID ANYONE ELSE ACCOMPANY YOU WITH MR. MENENDEZ?

A: MY MOTHER, ALONG WITH WHAT APPEARED TO ME WERE SEVERAL

DETECTIVES.

Q: DURING THAT FLIGHT DID YOU HAVE AN OPPORTUNITY TO SPEAK

WITH ERIK MENENDEZ AND TO NOTICE HIS DEMEANOR AND THINGS

LIKE THAT?

A: THE CONVERSATION -- WE HAD CONVERSATIONS, NONE OF THEM

BEING REALLY IN-DEPTH. BUT WE DID SPEAK, AND I'M NOT QUITE SURE

WHAT THE CONVERSATIONS WERE ABOUT. IT WAS REALLY AN

EMOTIONAL MOMENT THROUGH THE WHOLE FLIGHT.

Q: DID ERIK MENENDEZ KNOW AND YOU UNDERSTAND THAT HE WAS

GOING TO LOS ANGELES AND WAS, UPON HIS ARRIVAL IN LOS

ANGELES, WAS GOING TO BE ARRESTED AND GO TO JAIL?



Q: BY MR. LEVIN: DID ERIK MENENDEZ EVER SAY ANYTHING TO YOU

THAT HE WANTED TO GET AWAY OR ESCAPE OR RUN OR AVOID

APPREHENSION BY THE POLICE?

MR. CONN: OBJECTION. IRRELEVANT.


Q: BY MR. LEVIN: MR. CANO, WAS THERE AN OCCASION -- DRAWING

YOUR ATTENTION BACK TO THE TIME -- THE PERIOD OF TIME THAT

YOU WOULD PLAY WITH ERIK MENENDEZ AS A YOUNG BOY -- WAS

THERE A TIME WHEN YOU WERE INJURED, YOU GOT HURT, SCRAPED

YOURSELF, THAT YOU REMEMBER?

A: YES.

Q: AND HOW WAS IT THAT YOU HURT YOURSELF?

A: WE HAD BEEN RUNNING THROUGH THE WOODS AND PLAYING WITH

THE CANOE THAT DAY, AND I BRAISED (SIC) MY LEG AGAINST A LOG.

Q: AND DID THAT CAUSE AN INJURY OF SOME TYPE?

A: YEAH. IT WAS A PRETTY BIG SCRATCH.

Q: DID YOU THEN GO BACK TO ERIK MENENDEZ' ROOM?

A: YES.

Q: AND WHEN IN HIS ROOM, DID YOU TRY TO OR DID YOU SEE

SOMETHING THAT YOU THOUGHT YOU COULD USE TO PUT ON THE

WOUND?

A: THAT'S CORRECT. THERE WAS A YELLOW JAR -- AND NOW I

UNDERSTAND IT WAS VASELINE. AT THE TIME I BELIEVE I WAS

AROUND 11 YEARS OLD. I THOUGHT IT MIGHT BE LIKE AN OINTMENT

FOR A WOUND, AND WHEN I WENT TO GRAB IT, HE SAID DON'T TOUCH

THAT.

Q: DID YOU PUT IT DOWN?

A: YES.

Q: WHERE WAS THIS VASELINE-TYPE JAR?

A: IT WAS NEXT TO HIS BED ON A LITTLE NIGHT TABLE.

Q: I TAKE IT DURING THIS PERIOD OF TIME YOU HAD AN OPPORTUNITY

TO SEE ERIK MENENDEZ CHANGE CLOTHES, INTO PERHAPS BATHING

SUITS, OR WHATEVER, SHORTS, OR WHATEVER IT WAS YOU WERE

DOING?

A: THAT'S RIGHT.

Q: DID YOU EVER -- CAN YOU RECALL EVER SEEING ANY BRUISES OR

MARKS OR ANYTHING THAT WAS INDICATIVE OF AN INJURY ON ERIK

MENENDEZ, ON WHAT COULD BE DESCRIBED AS A FREQUENT -- AS A

FREQUENT OCCURRENCE?

A: ERIK ALWAYS HAD BRUISES.

Q: AND COULD YOU DESCRIBE THOSE BRUISES.

A: YELLOWISH, SORT OF LIKE BRUISES THAT HAVE BEEN THERE FOR

AWHILE. YOU KNOW HOW THEY START FADING INTO YELLOW? LIKE

THAT.

Q: WHERE ON HIS BODY WOULD THEY BE?

A: TOWARDS THE TOP OF HIS LEG USUALLY.

Q: IN THE BACK, IN THE FRONT?

A: I CAN'T SAY FOR SURE. I REMEMBER BRUISES.

Q: DID YOU EVER ASK HIM HOW HE GOT THOSE BRUISES?

A: I DON'T BELIEVE I EVER DID. WE WERE BOTH ACTIVE KIDS.

Q: BUT IT HAPPENED FREQUENTLY ENOUGH THAT YOU WERE NOTICING

IT?

A: YES.

MR. LEVIN: JUST ONE SECOND.


MR. LEVIN: THANK YOU, MR. CANO.

NOTHING FURTHER.

THE COURT: CROSS-EXAMINATION.

MR. CONN: YES.

CROSS-EXAMINATION

BY MR. CONN:

Q: MR. CANO, ERIK MENENDEZ IS YOUR COUSIN; IS THAT CORRECT?

A: YES, SIR.

Q: AND YOU ALSO REGARD HIM AS BEING A GOOD FRIEND OF YOURS; IS

THAT CORRECT?

A: HE'LL ALWAYS BE MY FRIEND.

Q: AND YOU REGARD HIM AS BEING A GOOD FRIEND OF YOURS; IS THAT

CORRECT?

A: YES.

Q: AND YOU WERE CLOSE TO HIM WHEN YOU WERE YOUNG; IS THAT

CORRECT?

A: YES.

Q: AND YOUR FRIENDSHIP -- HIS FRIENDSHIP WAS VERY SPECIAL TO

YOU; IS THAT CORRECT?

A: THIS IS TRUE.

Q: AND YOU WANT TO HELP HIM IF YOU CAN HELP HIM, DON'T YOU, MR.

CANO?

A: ANYTHING I CAN REMEMBER THAT CAN HELP HIM, ABSOLUTELY.

Q: YOU DO WANT TO HELP HIM, DON'T YOU?

A: SURE.

Q: NOW, YOU'RE SAYING THAT WHEN YOU WERE 10 YEARS OLD ERIK

MENENDEZ WAS ABOUT 13 YEARS OLD; IS THAT CORRECT?

A: YES.

Q: AND THAT IS WHEN THIS STATEMENT TO YOU WAS FIRST MADE; IS

THAT CORRECT?

A: WHICH STATEMENT?

Q: THAT IS, THE STATEMENT ABOUT HIS FATHER TOUCHING HIM OR

GIVING HIM MASSAGES.

A: YES.

Q: OKAY. AND DID HE ASK YOU: IS THIS NORMAL BEHAVIOR?

A: YES.

Q: HE USED THOSE WORDS?

A: HE DID USE NORMAL, BELIEVE. HE ASKED ME IF IT WAS NORMAL, IF

IT EVER HAPPENED TO ME.

Q: DID HE SAY "NORMAL"?

A: YES.

Q: YOU REMEMBER HIM USING THOSE SPECIFIC WORDS?

A: I REMEMBER HIM USING THE WORD "NORMAL".

Q: OKAY. WHAT DID YOU TELL HIM?

A: I SAID I DON'T KNOW. I DON'T LIVE WITH MY FATHER.

Q: AND DID YOU DECIDE AT THAT TIME THAT YOU WERE GOING TO

FIND OUT IF IT WAS NORMAL?

A: I DECIDED IT WOULD BE A GOOD IDEA IF I ASKED MY MOTHER.

Q: OKAY. SO YOU WENT AND YOU ASKED YOUR MOTHER; IS THAT

CORRECT?

A: NO, IT'S NOT. I KEPT THE SECRET.

Q: WERE YOU CONCERNED ABOUT ERIK MENENDEZ AND HIS FATHER

TOUCHING HIM?

A: I WASN'T OVERLY CONCERNED. I DIDN'T EVEN KNOW IF IT WAS

NORMAL.

Q: UH-HUH. HOW DID IT STRIKE YOU AT THE TIME?

A: JUST AS A CONVERSATION BETWEEN TWO KIDS TRYING TO FIND

OUT IF WHAT SOMETHING WAS GOING ON WAS NORMAL.

Q: IT APPEARED TO YOU THAT HE WAS CONCERNED ENOUGH ABOUT IT

TO ASK YOU ABOUT IT?

A: CORRECT.

Q: AND THIS IS SOMETHING THAT HE BROUGHT UP FROM TIME TO

TIME?

A: HE BROUGHT IT UP SEVERAL TIMES AFTER THAT.

Q: AND OVER WHAT PERIOD OF TIME?

A: OVER -- WITHIN THE YEAR.

Q: HOW MANY TIMES?

A: THREE, THAT I REMEMBER.

Q: OVER APPROXIMATELY A ONE-YEAR SPAN?

A: RIGHT.

Q: AND SO IT APPEARED TO YOU THAT THIS WAS SOMETHING THAT

WAS OF GREAT CONCERN TO HIM?

MR. LEVIN: OBJECTION. MAY CALL FOR SPECULATION, YOUR HONOR.


YOU CAN ANSWER THE QUESTION.

THE WITNESS: ASK ME AGAIN, SIR.

MR. CONN: YES.

Q: DID IT APPEAR TO YOU THAT THIS WAS SOMETHING OF GREAT

CONCERN TO HIM?

A: IT APPEARED THAT IT WAS OF GREAT CONCERN TO HIM, YES.

Q: AND DID IT CONCERN YOU AS WELL?

A: NOT AS MUCH AS HIM, BUT I WAS WONDERING.

Q: OKAY. SO DID YOU GO TO YOUR MOTHER AND ASK YOUR MOTHER:

IS IT -- IS IT OKAY FOR A FATHER TO TOUCH HIS SON?

A: I NEVER DID.

Q: DID ERIK MENENDEZ TELL YOU HOW HIS FATHER TOUCHED HIM?

A: NO. HE JUST CALLED IT "MASSAGE".

Q: HE JUST SAID MY FATHER GAVE ME MASSAGES?

A: CORRECT.

Q: AND HE DIDN'T SPECIFY OR DESCRIBE IT FURTHER?

A: HE SAID IT WAS IN HIS GENITAL AREA.

Q: OKAY. AND SO DID YOU ASK YOUR MOTHER: IS IT PROPER FOR A

FATHER TO MASSAGE HIS SON IN HIS GENITAL AREA?

A: I DON'T RECALL EVER ASKING MY MOTHER, MENTIONING IT TO HER.

Q: OKAY. WHY NOT?

A: FIRST OF ALL, I WAS VERY LOYAL TO ERIK IN THAT SENSE. ALSO, IT'S

NOT REALLY THE KIND OF QUESTION THAT A BOY WOULD REALLY

LIKE TO ASK HIS MOTHER, SORT OF EMBARRASSING.

Q: SO DID YOU ASK YOUR FATHER?

A: NO.

Q: WHY NOT?

A: IT'S NOT SOMETHING THAT WAS THAT IMPORTANT TO ME THAT IT

STUCK WITH ME FOR WEEKS AND WEEKS OR MONTHS UNTIL I SAW MY

FATHER. I WAS A KID AND MY MIND WAS RACING TO DIFFERENT

THOUGHTS AND DIFFERENT IDEAS EVERY DAY.

Q: DID YOU ASK ANY ADULT?

A: NO.

Q: WHY NOT?

A: IT WAS A SECRET, AND I WAS SUPPOSED TO KEEP IT.

Q: WELL, THE PART THAT WAS THE SECRET WAS: THIS WAS

SOMETHING THAT WAS HAPPENING TO YOUR COUSIN, ERIK

MENENDEZ; IS THAT CORRECT?

A: CORRECT.

Q: OKAY. THE QUESTION OF WHETHER OR NOT IT'S APPROPRIATE FOR A

FATHER TO TOUCH HIS SON IN THE GENITAL AREA WAS NOT A SECRET,

IS IT?

A: THE WHOLE ASPECT OF IT WAS A SECRET TO ME AT THE TIME.

Q: WELL, YOU COULD HAVE GONE TO AN ADULT AND ASKED AN

ADULT --

A: I COULD HAVE.

Q: LET ME FINISH THE QUESTION. YOU COULD HAVE GONE TO AN

ADULT AND ASKED AN ADULT: IS IT OKAY FOR A FATHER TO TOUCH

HIS SON IN THE GENITAL AREA, WITHOUT TELLING AN ADULT THE

FACT THAT THIS WAS SOMETHING THAT HAD ALLEGEDLY OCCURRED

TO YOUR COUSIN, ERIK MENENDEZ; IS THAT CORRECT?

MR. LEVIN: OBJECTION. ARGUMENTATIVE AS PHRASED.

THE COURT: REPHRASE THE QUESTION.

MR. CONN: YES.

Q: DID YOU CONSIDER GOING TO AN ADULT AND ASKING AN ADULT,

ANY ADULT, MALE OR FEMALE --

A: I DON'T BELIEVE I CONSIDERED IT.

Q: ALL RIGHT. PLEASE ALLOW ME TO FINISH THE QUESTION.

DID YOU CONSIDER GOING TO ANY ADULT, MALE OR FEMALE, AND ASK

THE ADULT: IS IT APPROPRIATE CONDUCT FOR A FATHER TO TOUCH

HIS SON IN THE GENITAL AREA?

A: I CONSIDERED IT DURING OUR CONVERSATION, MY CONVERSATION

WITH ERIK; AND AFTER THAT I NEVER THOUGHT ABOUT IT AGAIN.

Q: WELL, WHEN ERIK MENENDEZ BROUGHT IT UP ON SUBSEQUENT

OCCASIONS, DID IT THEN OCCUR TO YOU PERHAPS THAT IT MIGHT BE A

GOOD IDEA FOR YOU TO CHECK THIS OUT WITH AN ADULT?

A: IT OCCURRED TO ME.

Q: OKAY. DID YOU DO IT?

A: NO.

Q: WHY NOT?

A: LIKE I SAID, THE THOUGHT DIDN'T REALLY CARRY OUT MUCH. IT

WAS SOMETHING I THOUGHT OF THROUGHOUT THE CONVERSATION

WE HAD. IT'S NOT SOMETHING THAT I THOUGHT OF EVERY DAY ALL

DAY LONG --

Q: BUT OCCASIONALLY --

A: -- THAT REALLY WORRIED ME ENOUGH TO GO AHEAD AND NOT KEEP

A SECRET AND GO ASK AN ADULT.

Q: OKAY. BUT WHETHER OR NOT YOU KEPT IT IN YOUR MIND

CONTINUOUSLY, WOULD IT OCCUR TO YOU FROM TIME TO TIME, OR

WOULD YOU THINK ABOUT IT FROM TIME TO TIME, THAT YOUR COUSIN

WAS SUPPOSEDLY BEING TOUCHED BY HIS FATHER?

A: NO. I REALLY WOULDN'T THINK ABOUT IT.

Q: OKAY. JUST ON THOSE OCCASIONS WHEN ERIK MENENDEZ WOULD

THEN BRING IT UP TO YOU AGAIN, ON THOSE OCCASIONS, DID YOU

EVER SAY TO HIM: HEY, WHY DON'T WE CHECK THIS OUT WITH AN

ADULT TO FIND OUT IF THIS IS APPROPRIATE CONDUCT OR NOT?

A: YES, SIR, I MENTIONED IT TO HIM.

Q: UH-HUH. HOW DID HE RESPOND?

A: HE SAID NO WAY.

Q: WELL, DID YOU SUGGEST TO HIM THAT YOU CAN INQUIRE OF AN

ADULT WITHOUT IDENTIFYING HIM AS THE PERSON INVOLVED?

A: I WAS 11 YEARS OLD. I PROBABLY DIDN'T EVEN TRY AND CIRCLE

AROUND IN THE WAY OF ASKING LIKE THAT.

Q: THE FACT OF THE MATTER, MR. CANO, IS YOU DID NOT REPORT THIS

TO ANYONE; IS THAT CORRECT?

A: THAT'S CORRECT.

Q: YOU DID NOT MEMORIALIZE THIS IN ANY WAY; IS THAT CORRECT?

A: I'M SORRY, SIR?

Q: YOU DID NOT MEMORIALIZE THIS OCCURRENCE IN ANY WAY, DID

YOU?

A: NO.

Q: OKAY. AND SO ALL WE HAVE TODAY IS YOUR WORD THAT THIS

TOOK PLACE; IS THAT CORRECT?

MR. LEVIN: OBJECTION, YOUR HONOR. ARGUMENTATIVE.

THE COURT: AS PHRASED, IT'S ARGUMENTATIVE.

MR. CONN: OKAY.

Q: NOW, MR. CANO, YOUR COUSIN CAME TO YOUR HOME IN FLORIDA

BEFORE HE SURRENDERED IN LOS ANGELES; IS THAT CORRECT?

A: NO, SIR, IT'S NOT.

Q: OKAY. CAN YOU TELL US WHERE YOU MET -- YOU CAME TO LOS

ANGELES AT THE TIME THAT HE SURRENDERED TO AUTHORITIES FOR

THE KILLING OF HIS PARENTS; IS THAT CORRECT?

A: YES, THAT IS.

Q: WHERE DID YOU MEET YOUR COUSIN?

A: IN MIAMI AIRPORT.

Q: AND THEN YOU FLEW WITH YOUR COUSIN FROM MIAMI TO LOS

ANGELES; IS THAT CORRECT?

A: YES.

Q: AND YOUR MOTHER WAS ALSO ON THE PLANE; IS THAT CORRECT?

A: THAT'S RIGHT.

Q: OKAY. DID YOU SPEND TIME WITH YOUR COUSIN IN FLORIDA

BEFORE HE SURRENDERED HIMSELF IN LOS ANGELES?

A: NO. HE WAS COMING FROM ISRAEL. HE PASSED THROUGH CUSTOMS.

AT THAT POINT WE WERE PICKED UP -- NOT EXACTLY PICKED UP -- BUT

ACCOMPANIED BY SEVERAL OTHER MEN --

Q: UH-HUH.

A: -- WHICH I GUESS WERE DETECTIVES OR THERE TO MAKE SURE HE

MADE IT TO L.A. THEY PUT US IN A ROOM FOR A SHORT TIME, AND

THEN WE CAUGHT THE PLANE.

Q: AND CAN YOU TELL US WHY YOU ACCOMPANIED YOUR COUSIN TO

LOS ANGELES?

A: WELL, I GUESS YOU COULD SAY I WANTED TO BE THERE FOR HIM.

Q: AND WHAT DO YOU MEAN BY "BE THERE FOR HIM"?

A: IT WASN'T AN EASY THING TO ACCEPT OR TO TAKE, AS A FAMILY

MEMBER, THAT THEY WERE SUSPECTED OF THE MURDERS. IT WAS A

BIG DEAL, PUT IT THAT WAY.

Q: YOU HAD A CLOSE RELATIONSHIP WITH YOUR COUSIN; IS THAT

CORRECT?

A: YES.

Q: AND YOU WANTED TO HELP HIM IF YOU COULD; IS THAT CORRECT?

A: THAT'S CORRECT.

Q: AND TODAY YOU STILL WANT TO HELP HIM IF YOU CAN; IS THAT

CORRECT?

A: YES.

MR. LEVIN: OBJECTION. ARGUMENTATIVE.

THE COURT: OVERRULED. THE ANSWER WILL STAND.

Q: BY MR. CONN: AND DID HE PAY FOR YOUR TRIP TO LOS ANGELES?

A: NO.

Q: HOW LONG DID YOU REMAIN IN LOS ANGELES AFTER YOU ARRIVED

HERE WITH YOUR COUSIN?

A: LESS THAN A WEEK, I'D SAY.

Q: WHAT WAS YOUR REASON FOR REMAINING IN LOS ANGELES FOR A

WEEK?

MR. LEVIN: OBJECTION. IRRELEVANT.


THE WITNESS: MY MOTHER WAS HERE. I WAS GOING TO FLY BACK

WITH HER.

Q: BY MR. CONN: NOW, AFTER HE WAS IN CUSTODY IN LOS ANGELES

YOU REMAINED IN CONTACT WITH HIM, DID YOU NOT?

A: NO, I DIDN'T.

Q: WHEN WAS THE NEXT TIME YOU HAD CONTACT WITH HIM?

A: I CAN'T REMEMBER. I KNOW THAT I WASN'T ALLOWED TO SEE HIM

AT THE JAIL UNTIL I WAS 18. SO IT WAS PROBABLY THE NEXT TIME I

SAW HIM AT THE JAIL.

Q: ISN'T IT TRUE THAT HE CALLED YOU ON THE TELEPHONE?

A: NO, HE NEVER CALLED ME.

Q: HE NEVER CALLED YOU? YOU'RE CERTAIN OF THAT?

A: I'M NOT CERTAIN OF THAT. I'M NOT COMPLETELY SURE. I DON'T

REMEMBER HIM EVER CALLING ME AT THAT TIME.

Q: DID YOU PREVIOUSLY TESTIFY THAT HE CALLED YOU?

A: NO.

Q: YOU DID NOT?

A: NOT THAT I'M AWARE OF.

MR. CONN: OKAY. DIRECTING COUNSEL'S ATTENTION TO VOLUME 104,

PAGE 17,485.

MR. LEVIN: GIVE US A SECOND.

VOLUME 74?

MR. CONN: VOLUME 104.

MS. ABRAMSON: OKAY. ONE MINUTE. SEVENTEEN THOUSAND WHAT?

MR. CONN: PAGE 17,485.

MR. LEVIN: PAGES 17,000 WHAT, COUNSEL?

MR. CONN: -485, LINE 25. GOING ON TO THE NEXT PAGE TO LINE --

MS. ABRAMSON: WAIT, WAIT, WAIT.

MR. CONN: LINE 9.

MR. LEVIN: ALL RIGHT. I REVIEWED IT.

Q: BY MR. CONN: DO YOU RECALL BEING ASKED THE FOLLOWING

QUESTION AND GIVING THE FOLLOWING ANSWER IN THE FIRST TRIAL?

MS. ABRAMSON: EXCUSE ME. WE'D OBJECT, THAT HE'S ABOUT TO

READ AN OBJECTION AND THERE'S ANOTHER --

THE COURT: JUST READ THE QUESTION, WHATEVER WAS NOT

SUBJECT TO OBJECTION.

MS. ABRAMSON: THAT'S ON 17,486, LINE 3.

Q: BY MR. CONN: DO YOU RECALL BEING ASKED THIS QUESTION BY

THE JUDGE:

"DID HE EVER CALL YOU AFTER HE WAS ARRESTED?

"ANSWER: YES, HE CALLED ME."

THEN YOU WERE ASKED THIS BY THE PROSECUTOR:

"WHERE DID YOU RECEIVE THOSE PHONE CALLS?

"ANSWER: I THINK I TALKED TO HIM ONCE IN MY HOUSE OR MY

MOTHER'S HOUSE IN WEST PALM BEACH."

Q: DO YOU RECALL THAT?

A: YES, SIR, I DO.

WHEN YOU ASKED ME THAT QUESTION YOU WERE REFERRING TO A

CERTAIN TIME PERIOD.

Q: UH-HUH.

A: WHICH WERE RIGHT AFTER THE MURDERS OR RIGHT AFTER -- I'M

SORRY, THEY WERE ARRESTED. AND NO, I DIDN'T TALK TO HIM AT

THAT TIME. BUT, OF COURSE, I'VE RECEIVED PHONE CALLS FROM HIM

AT MY MOTHER'S HOUSE ON HOLIDAYS. I TALKED TO HIM OVER

CHRISTMAS.

Q: UH-HUH.

A: YES.

Q: SO YOU TALKED TO HIM FROM TIME TO TIME OVER THE TELEPHONE?

A: CORRECT.

Q: OKAY. AND WHEN YOU LEARNED THAT HE WAS CHARGED WITH

KILLING HIS MOTHER AND HIS FATHER, YOU WERE THEN HOW OLD?

A: I WAS -- I BELIEVE I WAS 17.

Q: OKAY. AND AT THAT TIME DID YOU THEN, MR. CANO, GO TO AN

ADULT, GO TO YOUR MOTHER OR YOUR FATHER, OR ANYONE, AND

TELL THEM THAT ERIK MENENDEZ, WHEN HE WAS YOUNG, TOLD YOU

THAT HIS FATHER WAS GIVING HIM MASSAGES?

A: THE FIRST PERSON I TOLD EVER WAS LESLIE.

Q: SO YOU DID NOT REPORT THAT, EVEN AFTER HE WAS ARRESTED; IS

THAT CORRECT?

A: I REPORTED IT TO LESLIE ABRAMSON.

Q: WHEN DID YOU REPORT IT TO LESLIE ABRAMSON?

A: I REMEMBER IT WAS JANUARY. I'M NOT QUITE SURE OF THAT YEAR.

FORGOT WHAT YEAR. PROBABLY '90 MAYBE, '89?

Q: HE WAS ARRESTED IN MARCH OF 1990. SO WOULD IT BE JANUARY OF

1991 THAT YOU REPORTED IT TO LESLIE ABRAMSON?

A: RIGHT. THAT SOUNDS RIGHT, SIR.

Q: OKAY. SO YOU HAD, FROM THE TIME OF HIS ARREST, UP UNTIL THE

TIME YOU FIRST REPORTED THIS, APPROXIMATELY NINE MONTHS OR

SO?

A: RIGHT.

Q: NOW, DURING THAT NINE-MONTH PERIOD DID YOU SAY TO

YOURSELF: GEE, I REMEMBER THAT ERIK MENENDEZ WAS MOLESTED

BY HIS FATHER, AND NOW HE ENDS UP KILLING HIS FATHER. THAT MAY

BE RELEVANT TO HIS DEFENSE?

A: I THOUGHT ABOUT IT.

Q: OKAY. SO WHAT DID YOU DO ABOUT IT, MR. CANO? DID YOU REPORT

IT TO SOMEONE?

A: I REPORTED IT TO NO ONE BUT LESLIE.

Q: DID IT TAKE YOU NINE MONTHS TO DO THAT?

A: THIS WAS THE FIRST TIME I EVER MET WITH HER.

Q: THE QUESTION IS: WHY DIDN'T YOU REPORT IT TO SOMEONE PRIOR

TO THAT NINE MONTHS?

A: I KNOW THIS CASE IS VERY GENTLE IN THE WAY THAT THINGS HAVE

TO BE BROUGHT OUT, AND YOU CAN'T JUST SPEAK TO ANYBODY. YOU

HAVE TO SPEAK TO THE LAWYERS.

Q: WHAT DO YOU MEAN IT'S "GENTLE"? WHAT ARE YOU TALKING

ABOUT?

A: WELL, WHAT I MEAN IS THAT'S NOT SOMETHING I'M GOING TO GO

ANNOUNCE AROUND THE STREETS, OR TO ANYBODY IN MY FAMILY;

AND IT'S NOT SOMETHING I WANTED TO ANNOUNCE TO ANYBODY.

BUT WHEN I SPOKE TO HER ABOUT WHAT I REMEMBERED FROM MY

CHILDHOOD, I LET HER KNOW.

Q: WHY COULDN'T YOU TELL YOUR MOTHER, MR. CANO, OR SOMEONE

ELSE IN YOUR FAMILY, THAT ERIK MENENDEZ HAD TOLD YOU THAT

HIS FATHER HAD MASSAGED HIM?

A: THERE'S NO REASON WHY I COULDN'T HAVE. I JUST DIDN'T.

Q: YOU'RE TELLING US THAT, EVEN AFTER YOU WERE 17 YEARS OLD,

YOU STILL HAD DECIDED TO KEEP IT A SECRET?

A: THAT'S CORRECT.

Q: OKAY. AND THEN YOU GOT ERIK MENENDEZ' CAR; IS THAT

CORRECT, THE FORD ESCORT?

A: YES, I DID.

Q: WHEN DID YOU GET THE FORD ESCORT FROM ERIK MENENDEZ?

A: I HAD JUST TURNED 16.

Q: OKAY. AND WHEN DID YOU TURN 16?

A: JULY 14TH OF '89?

Q: JULY 14TH OF 1989?

A: RIGHT.

Q: IT WAS YOUR FIRST CAR; IS THAT CORRECT?

A: YES.

Q: AND WERE YOU EXCITED ABOUT IT?

A: OH, ABSOLUTELY.

Q: WERE YOU HAPPY TO GET IT?

A: YES.

Q: AND THEN, AFTER YOU GOT ERIK MENENDEZ' CAR, THEN YOU

REMEMBERED THAT ERIK MENENDEZ HAD TOLD YOU ABOUT A

CONVERSATION YEARS EARLIER; IS THAT CORRECT?

A: NO, IT'S NOT.

Q: WELL, YOU DIDN'T TELL ANYONE ABOUT THIS UNTIL YOU GOT THE

FORD ESCORT; IS THAT CORRECT?

A: IT WAS AFTER I WAS 17. IT WAS A YEAR LATER. IT WAS A YEAR

LATER UNTIL I TOLD LESLIE.

Q: OKAY. YOU GOT THE FORD ESCORT IN JULY '89?

A: SOMEWHERE AROUND THERE, APPROXIMATELY.

Q: ARE YOU SAYING YOU GOT THE FORD ESCORT BEFORE THE

DEFENDANT KILLED HIS PARENTS?

A: NO.

Q: IT WAS AFTER?

A: IT WAS AFTER.

Q: HOW LONG AFTER YOUR BIRTHDAY DID YOU GET THE FORD ESCORT

FROM ERIK MENENDEZ?

A: I DON'T RECALL, SIR.

MR. LEVIN: OBJECTION. ASSUMES FACTS NOT IN EVIDENCE THAT HE

GOT IT FROM ERIK MENENDEZ.


Q: BY MR. CONN: DO YOU REMEMBER HOW LONG AFTER?

A: NO, SIR, I DON'T.

Q: CAN YOU GIVE US AN APPROXIMATION OF WHEN YOU GOT THAT

FORD ESCORT?

A: WITHIN, PROBABLY, FOUR MONTHS OF THE TIME I TURNED 16, I

THINK.

Q: SO SOMEWHERE AROUND NOVEMBER OF 1989 YOU GOT THE FORD

ESCORT; IS THAT CORRECT?

A: COULD HAVE BEEN.

Q: AND SO, TWO MONTHS AFTER YOU GOT THE CAR KEYS TO THE FORD

ESCORT YOU WENT TO LESLIE ABRAMSON, AND YOU TOLD LESLIE

ABRAMSON THAT NOW YOU REMEMBERED A CONVERSATION -- I'M

SORRY --

MR. LEVIN: OBJECTION, YOUR HONOR. MISSTATES THE TESTIMONY.

IT'S TWO YEARS OFF, I THINK.

THE COURT: THERE'S '89 AND '90 AND '91.

Q: BY MR. CONN: ABOUT 14 MONTHS LATER, AFTER YOU GOT THE

FORD ESCORT FROM LESLIE ABRAMSON --

MS. ABRAMSON: EXCUSE ME. WAIT A MINUTE. START OVER. LEAVE ME

OUT OF THIS.

THE COURT: REPHRASE THAT QUESTION.

Q: BY MR. CONN: AFTER YOU GOT THE FORD ESCORT FROM ERIK

MENENDEZ --

A: I'D LIKE TO CLARIFY SOMETHING, SIR, IF I MAY.

I WAS THE ONE DRIVING THE CAR. IT WAS UNDER MY MOTHER'S NAME,

AND SHE GOT IT FROM HIM. IT'S REALLY NOT LIKE I GOT IT FROM HIM.

MR. CONN: MOTION TO STRIKE. NONRESPONSIVE AND ALSO HEARSAY.


THE ANSWER WILL STAND.

Q: BY MR. CONN: DID YOU EVER SEE PROOF OF THAT PURCHASE, MR.

CANO?

A: DO I HAVE PROOF?

Q: YES.

A: OH. NO, SIR.

Q: THERE'S NO PROOF OF PURCHASE, IS THERE?

MR. LEVIN: OBJECTION. ARGUMENTATIVE. COUNSEL KNOWS THERE'S

D.M.V. RECORDS IF HE WANTS THEM.


Q: BY MR. CONN: DO YOU HAVE ANY PROOF THAT MONEY WAS PAID

FOR THAT VEHICLE?

A: I'D HAVE TO LOOK THROUGH A LOT OF PAPERS TO FIND IT.

Q: WHERE ARE THOSE PAPERS?

A: MY MOTHER WOULD HAVE THEM.

Q: ARE YOU SAYING THAT YOU SAW SOME PAPERS INDICATING A

PROOF OF PURCHASE AT SOME POINT IN TIME?

A: I NEVER REMEMBER SEEING ANY. I WAS A BOARDING STUDENT AT

THE TIME IN NEW JERSEY. MY MOTHER LIVED IN FLORIDA.

Q: YOU NEVER SAW ANY PAPERS INDICATING A PROOF OF PURCHASE;

IS THAT CORRECT?

A: NO, SIR, I DIDN'T.

Q: SO YOU'RE REFERRING TO SOMETHING THAT YOU WERE TOLD BY

SOMEONE; IS THAT CORRECT?

A: I WAS TOLD BY MY MOTHER --

Q: YES.

A: -- THAT SHE GOT THE CAR FROM ERIK.

Q: RIGHT. AND SHE DID NOT SHOW YOU ANY PROOF OF PURCHASE AT

THE TIME THAT SHE MADE THAT STATEMENT TO YOU; IS THAT

CORRECT?

A: NO, SIR.

Q: AND THEN, AFTER YOU TURNED 18 YOU VISITED THE DEFENDANT IN

COUNTY JAIL?

A: YES, I DID.

Q: AND HOW OFTEN DID YOU VISIT HIM IN COUNTY JAIL?

A: NOT OFTEN AT ALL. I THINK I MIGHT HAVE VISITED HIM LIKE SIX,

SEVEN TIMES. IT'S WHENEVER I COME TO TOWN.

Q: AND DO YOU COME HERE FOR THE PURPOSE OF VISITING YOUR

COUSIN OR FOR SOME OTHER PURPOSE?

A: I'VE COME MAINLY FOR THE PURPOSE OF TALKING WITH LESLIE,

AND I'VE NEVER REALLY COME JUST TO SEE HIM.

Q: AND WHENEVER YOU COME TO LOS ANGELES, YOU VISIT YOUR

COUSIN?

A: AS MUCH AS I CAN.

Q: AND DO YOU STILL HAVE ERIK MENENDEZ' CAR TODAY, SIR?

A: NO, SIR. IT'S BEEN SOLD.

Q: HOW LONG DID YOU KEEP THE CAR THAT YOU GOT FROM ERIK

MENENDEZ?

A: I GOT IT WHEN I WAS A SOPHOMORE IN HIGH SCHOOL. I KEPT IT 'TIL I

WAS ALMOST A SENIOR. AROUND A YEAR AND A HALF.

Q: NOW, YOU SAID THAT THE DEFENDANT CALLED HIMSELF HURT

MAN?

A: CORRECT.

Q: AND TELL US HOW THAT WOULD COME UP.

A: LIKE I DESCRIBED. FOR INSTANCE, WE WERE PLAYING A BOARD

GAME OR A GAME WHERE THERE WERE SIDES. HIS SIDE WOULD BE

LIKE: THIS IS HURT MAN'S SIDE, YOU KNOW.

Q: AND HOW WOULD HE SAY IT? WHAT TYPE OF INTONATION WOULD

HE USE WHEN HE WOULD SAY IT?

A: THIS IS HURT MAN'S SIDE. IT'S MY SIDE.

Q: JUST LIKE THAT?

A: YEAH.

Q: AND HOW OFTEN DID YOU HEAR HIM REFER TO HIMSELF AS HURT

MAN?

A: HE REFERRED TO HIMSELF AS HURT MAN PRETTY OFTEN. I CAN'T

RECALL A NUMBER OF TIMES. PRETTY OFTEN.

Q: AND OTHER THAN REPEATING THIS TO -- REPEATING TO LESLIE

ABRAMSON THE STATEMENT THAT YOU SAID WAS MADE BY ERIK

MENENDEZ, DID YOU TELL ANYONE ELSE ABOUT THOSE STATEMENTS

PRIOR TO TESTIFYING IN COURT CONCERNING THOSE STATEMENTS?

A: I TOLD MY MOTHER AFTER I TOLD LESLIE.

MR. CONN: UH-HUH. ALL RIGHT. THANK YOU.

I HAVE NO FURTHER QUESTIONS, YOUR HONOR.

THE COURT: REDIRECT?

MR. LEVIN: YEAH.

REDIRECT EXAMINATION

BY MR. LEVIN:

Q: MR. CANO, FOLLOWING -- WELL, STRIKE THAT.

I WANT TO DIRECT YOUR ATTENTION TO JANUARY 19, 1991, WHEN YOU

TOLD MS. ABRAMSON WHAT YOU TESTIFIED TO HERE IN COURT.

DID THAT OCCUR AT HER OFFICE?

A: YES, IT DID.

Q: AND PRIOR TO GOING TO HER OFFICE, DID YOU KNOW THAT YOU

WERE GOING TO BE TALKING TO HER ABOUT INFORMATION YOU

MIGHT HAVE REGARDING YOUR LIFE, YOUR KNOWLEDGE, YOUR

EXPERIENCES, YOUR RELATIONSHIP WITH ERIK MENENDEZ?

A: ABSOLUTELY.

Q: AND WHEN YOU SPOKE TO MS. ABRAMSON, DID SHE TELL YOU THAT

SHE WOULD LIKE FOR YOU TO PROVIDE INFORMATION TO A JURY THAT

WOULD SUBSTANTIATE MR. MENENDEZ' CLAIM THAT HE HAD BEEN

MOLESTED AS A CHILD?

A: DID SHE SAY THAT TO ME?

Q: YEAH.

A: NO.

Q: DID SHE SAY: GEE, ANDY, IT WOULD BE REAL NICE HERE IF YOU

COULD COME AND TELL THE JURY --

A: NEVER.

Q: -- THAT YOU HAD SOME INFORMATION THAT WOULD HELP YOUR

COUSIN, ERIK, IN A TRIAL WHERE HIS LIFE IS ON THE LINE?

A: NEVER. SHE DEALT WITH ME VERY PROFESSIONALLY.

Q: HAD YOU KNOWN MS. ABRAMSON BEFORE?

A: NO, I HADN'T.

Q: HAD YOU EVER HAD ANY CONTACT OR DEALINGS WITH MS.

ABRAMSON BEFORE?

A: NEVER.

Q: DID SHE GIVE YOU ANY MONEY OR MAKE ANY PROMISES TO YOU?

A: NEVER.

Q: DID SHE EVER TELL YOU THAT SHE WOULD HELP YOU IN ANY WAY?

A: NEVER.

Q: AND HOW DID THIS INTERVIEW TAKE PLACE? WAS IT AN OPEN-

ENDED QUESTION WHERE YOU RELATED INFORMATION? WHAT DID

SHE SAY TO YOU THAT LED UP TO YOU TELLING HER?

A: SHE ASKED ME WHAT I REMEMBER ABOUT MY CHILDHOOD AND THE

TIMES I SPENT WITH ERIK.

Q: AND IS THAT WHEN YOU REPORTED WHAT YOU KNEW THAT YOU'VE

TESTIFIED TO TO THIS JURY?

A: YES, SIR.

Q: NOW, FOLLOWING THAT JANUARY 1991 INTERVIEW WITH MS.

ABRAMSON, YOU TESTIFIED IN COURT APPROXIMATELY TWO YEARS

LATER. I BELIEVE IT WAS OCTOBER THE 12TH, 1993, CORRECT?

A: THAT'S RIGHT.


MR. LEVIN: I JUST WANT TO BACK UP FOR ONE MOMENT.

Q: DID MS. ABRAMSON INDICATE TO YOU THAT ERIK MENENDEZ HAD

ACCEPTED RESPONSIBILITY FOR THE KILLING OF HIS PARENTS, AND

THAT IS WHY YOU (SIC) WANTED TO KNOW ABOUT ANY INFORMATION

THAT YOU MIGHT HAVE CONCERNING JUST YOUR RELATIONSHIP WITH

ERIK?

A: I BELIEVE SHE SAID THAT TO ME. I WAS AWARE OF IT.

Q: NOW, BETWEEN JANUARY OF 1991 AND WHEN YOU TOLD MS.

ABRAMSON -- I'M SORRY. JANUARY 1991 WHEN YOU TOLD MS.

ABRAMSON THE INFORMATION YOU TESTIFIED TO, AND OCTOBER THE

12TH, 1993, THOSE TWO YEARS, DID ANYONE FROM THE PROSECUTION

EVER CONTACT YOU AND INTERVIEW YOU?

A: NO, SIR.

Q: DID ANYONE FROM THE BEVERLY HILLS POLICE DEPARTMENT CALL

YOU UP AND SAY: GEE, MR. CANO, YOU MIGHT HAVE SOME

INFORMATION THAT MIGHT BE RELEVANT AND IMPORTANT IN A CASE

IN WHICH WE ARE PROSECUTING A PERSON. WE'D LIKE TO SIT DOWN

AND TALK TO YOU EXTENSIVELY ABOUT WHAT YOU MIGHT KNOW?

A: NO.

Q: AND FOLLOWING YOUR TESTIMONY ON OCTOBER THE 12TH, 1993,

UNTIL TODAY, MR. CANO, WE'RE AT JANUARY 26TH, 1996, HAS ANY

MEMBER OF THE BEVERLY HILLS POLICE DEPARTMENT, THE LOS

ANGELES COUNTY PROSECUTOR'S OFFICE, OR ANY OTHER AGENCY

ASSOCIATED WITH THE PROSECUTION, EVER CONTACTED YOU AND

ASKED YOU TO TALK TO THEM ABOUT YOUR KNOWLEDGE, YOUR

RELATIONSHIP, WITH ERIK MENENDEZ?

A: NO, SIR.

Q: DID YOU EVER THINK, REGARDING THE FORD ESCORT, TO ASK YOUR

MOTHER: GEE, MOM, BEFORE I DRIVE THIS CAR, YOU'RE GOING TO

HAVE TO SHOW ME PROOF THAT YOU BOUGHT IT?

A: NO, I NEVER THOUGHT ABOUT THAT.

Q: MR. CANO, YOU RECOGNIZE THE IMPORTANCE OF THESE

PROCEEDINGS?

A: YES, I DO.

Q: YOU RECOGNIZE THE SERIOUSNESS OF THE CHARGES THAT YOUR

COUSIN, BOTH YOUR COUSINS, ARE FACING?

A: YES, SIR.

Q: AND YOU UNDERSTAND THE SOLEMNITY AND IMPORTANCE OF

YOUR OATH?

A: YES.

Q: YOU UNDERSTAND YOUR DUTY TO TELL THE TRUTH IN A COURT OF

LAW?

A: VERY MUCH SO.

Q: YOU UNDERSTAND WHAT IT MEANS TO TELL THE TRUTH, AND ON

YOUR HONOR TO TELL A JURY THE TRUTH?

A: ABSOLUTELY.

Q: WOULD YOU GO TO THE EXTENT IN HELPING YOUR COUSIN TO LIE

FOR HIM UNDER OATH?

A: NO.

MR. LEVIN: THANK YOU. NOTHING FURTHER.

THE COURT: ANYTHING ELSE?

MR. CONN: YES.

RECROSS-EXAMINATION

BY MR. CONN:

Q: MR. CANO, WHEN YOU WERE INTERVIEWED BY LESLIE ABRAMSON

IN JANUARY OF 1991, DID YOU TELL LESLIE ABRAMSON THAT YOU SAW

BRUISES TO THE BODY OF YOUR COUSIN, ERIK MENENDEZ?

A: I DON'T KNOW IF IT WAS IN JANUARY THAT I TOLD HER THAT OR

NOT. I BELIEVE I TOLD HER EVERYTHING THAT YOU HAVE IN YOUR

PAPERS.

Q: HAVE YOU LOOKED THROUGH MY PAPERS?

A: NO. BUT I'D IMAGINE IT'S ALL IN HER NOTES.

Q: OKAY. I'M ASKING YOU, DID YOU TELL LESLIE ABRAMSON IN

JANUARY OF 1991 ABOUT THE BRUISES THAT YOU SAY YOU SAW ON

THE BODY OF ERIK MENENDEZ?

A: I DON'T REMEMBER IF IT WAS THAT DAY OR NOT.

Q: WHEN?

A: I MET WITH HER SEVERAL TIMES.

Q: WHEN DID YOU FIRST TELL LESLIE ABRAMSON THAT YOU SAW

BRUISES TO THE BODY OF ERIK MENENDEZ?

A: I DON'T RECALL THE EXACT DATE. I'M SORRY.

Q: APPROXIMATELY WHEN? WHAT YEAR WAS IT?

A: IT WAS ONE OF THE TIMES I MET WITH HER.

Q: WHICH YEAR?

A: I DON'T KNOW.

Q: ISN'T IT TRUE, SIR, WHEN YOU TESTIFIED IN THE FIRST TRIAL YOU

DID NOT TESTIFY TO ANY BRUISES TO THE BODY OF ERIK MENENDEZ?

MR. LEVIN: OBJECTION, YOUR HONOR. IT'S IRRELEVANT. IT'S HEARSAY.


THE WITNESS: I DON'T BELIEVE I WAS ASKED.

Q: BY MR. CONN: ISN'T IT TRUE, SIR, THAT TODAY IS THE FIRST DAY

THAT YOU HAVE EVER PUBLICLY STATED THAT YOU SAW BRUISES TO

THE BODY OF ERIK MENENDEZ?

A: WOULD PUBLICLY BE CONSIDERED HER OFFICE? THEN THAT WOULD

NOT BE TRUE.

Q: I'M TALKING ABOUT OUTSIDE OF HER OFFICE. DID YOU EVER

PUBLICLY STATE BEFORE THAT YOU SAW BRUISES TO THE BODY OF

ERIK MENENDEZ?

A: OUTSIDE OF HER OFFICE, NEVER.

Q: AND WAS -- DID YOU TELL HER ABOUT THIS BEFORE THE FIRST

TRIAL OR AFTER THE FIRST TRIAL?

A: BEFORE.

Q: AND IT IS TRUE YOU DID NOT TESTIFY TO BRUISES IN THE FIRST

TRIAL, DID YOU?

A: NO, SIR, I DIDN'T.

MR. CONN: I HAVE NO FURTHER QUESTIONS, YOUR HONOR.


FURTHER REDIRECT EXAMINATION

BY MR. LEVIN:

Q: MR. CANO, WERE YOU ALWAYS READY, WILLING, AND AVAILABLE

TO COOPERATE WITH THE PROSECUTION IF THEY HAD ASKED YOU FOR

ANY INFORMATION THAT YOU HAD CONCERNING YOUR RELATIONSHIP

WITH ERIK MENENDEZ?

A: YES, SIR.

Q: WOULD YOU ALWAYS HAVE TOLD THEM THE SUBSTANCE OF WHAT

YOU TESTIFIED IN THIS COURTROOM? WERE YOU ALWAYS AVAILABLE

TO DO SO?

A: I HAVE NOTHING TO HIDE FROM THE PROSECUTION, NOR ANYBODY

IN THE POLICE DEPARTMENT. ABSOLUTELY.

Q: WHERE WERE YOU -- WHAT TIME DID YOU GET TO COURT THIS

MORNING?

A: I GOT HERE AT 8:45.

Q: AND WHERE WERE YOU BETWEEN 8:45 AND, OH, APPROXIMATELY

11:30 --


Q: BY MR. LEVIN: -- WHEN YOU WERE CALLED AS A WITNESS?

THE COURT: I'M SORRY.



THE WITNESS: OUTSIDE.

Q: BY MR. LEVIN: OUTSIDE THE COURTROOM?

A: RIGHT OUT THERE.

Q: WERE YOU ALSO INSIDE THE COURTROOM FOR SOME TIME?

A: YES, SIR.

Q: DID MR. CONN EVER APPROACH YOU AND ASK YOU: MR. CANO, I'M

GOING TO BE ASKING YOU A FEW QUESTIONS AND I WOULD LIKE -- I

WOULD LIKE TO ASK YOU A FEW QUESTIONS HERE IN THE HALLWAY?

A: NO, SIR, HE DIDN'T.

Q: DID HE EVER ASK YOU WHAT YOU INTENDED ON TESTIFYING TO

TODAY?

A: NO.

Q: DID HE EVER ASK YOU IF WE HAD MET AND WE HAD WENT OVER

WHAT YOU WOULD TESTIFY TO TODAY, THE SUBSTANCE OF IT?

A: HE NEVER ASKED ME ANYTHING.

Q: DID YOU TELL ME TODAY THAT YOU WOULD BE WILLING TO TALK

TO THE PROSECUTION?

A: I TOLD YOU THAT, YES.


BEFORE THIS WITNESS IS EXCUSED, WE'RE GOING TO HAVE TO HAVE A

SIDE BAR, BECAUSE IT MAY BE NECESSARY TO EXAMINE HIM FURTHER

FOLLOWING THAT SIDE-BAR.

THE COURT: WE'LL DO THAT AFTER THE LUNCH HOUR.

DON'T DISCUSS THE MATTER WITH ANYONE. DON'T FORM ANY FINAL

OPINIONS ABOUT IT.

WE'LL RESUME AT 1:30. WE'LL HAVE THE LAWYERS STAY BEHIND FOR A

MOMENT.

(THE JURY ENTERED THE JURY ROOM AND THE FOLLOWING

PROCEEDINGS WERE HELD.)

(Discussion between the court and counsel omitted.)

(THE JURY ENTERS THE COURTROOM AND THE FOLLOWING

PROCEEDINGS WERE HELD:)

THE COURT: OKAY. THE JURY IS BACK, AND THE WITNESS IS STILL ON

THE WITNESS STAND.

YOU'RE STILL UNDER OATH.

MR. LEVIN.

MR. LEVIN: THANK YOU.

ANDY CANO,

THE WITNESS ON THE STAND AT THE TIME OF THE ADJOURNMENT,

RESUMED THE STAND AND TESTIFIED FURTHER AS FOLLOWS:

FURTHER REDIRECT EXAMINATION (CONTINUED)

BY MR. LEVIN:

Q: MR. CANO, THERE IS JUST ONE MATTER OF INQUIRY THAT I WANT TO

ASK YOU ABOUT, AND THAT'S CONCERNING THE QUESTIONS THAT

WERE POSED TO YOU BY THE PROSECUTION CONCERNING YOUR

REPORT OF OBSERVING BRUISES ON YOUR COUSIN'S BODY, AND YOU

HAD BEEN ASKED ABOUT WHEN YOU FIRST DISCLOSED THIS

INFORMATION TO MS. ABRAMSON.

DO YOU REMEMBER THAT TESTIMONY?

A: YES, SIR.

Q: AND ALSO, DO YOU REMEMBER TESTIFYING THAT YOU HAD MORE

THAN ONE CONVERSATION WITH MS. ABRAMSON; IS THAT CORRECT?

A: YES, SIR.

Q: WOULD IT BE CORRECT TO STATE THAT IT WAS IN APPROXIMATELY

JUNE OF 1991 THAT YOU SPOKE AGAIN WITH MS. ABRAMSON?

A: IT WAS AROUND THAT DATE.

Q: AND ON THAT DATE DID YOU TELL HER AT THAT TIME THAT YOU

SAW BRUISES AND WELTS ON ERIK MENENDEZ' BODY?

A: YES, SIR, I DID.

Q: AND DID I SHOW YOU A REPORT JUST PRIOR TO YOU TESTIFYING

TODAY -- JUST PRIOR TO YOUR TESTIFYING JUST NOW THAT INDICATED

AN INTERVIEW WITH ANDY CANO TOOK PLACE ON JUNE THE 4TH, 1991,

WHEREIN THE REPORT INDICATES THAT THAT IS THE INFORMATION

YOU REPORTED TO MS. ABRAMSON?

A: YES, YOU DID.



MR. CONN: NO, YOUR HONOR.

THE COURT: OKAY. THANK YOU. YOU MAY STEP DOWN.

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