Perry Berman was called as a witness by the prosecution in both Menendez trials however his testimony had a very distinct difference in the second trial.

First trial:

A: I had a tennis game early that day. Came back home and played my messages. There was a message from Lyle. I called him back.

Q: First of all, what time was it that you got this message?

A: Around one o’clock in the afternoon.

Q: That is, that you go to your answering machine and then get the message at that point?

A: Yes.

Q: So you don’t know what time the call come in?

A: That it correct, I don’t know.

Q: Then what happened?

A: It was a call from Lyle. I returned the call, spoke to Mr. Menendez. He told me that Lyle was with Erik and he believed they were at Beverly Center shopping.

Second trial:

Q: Focusing on the afternoon of August the 20th, 1989, you spoke with Mr. Menendez in the afternoon by phone; is that correct?

A: That’s correct.

Q: And later that afternoon Lyle Menendez called you.

A: Yes.

Q: Did he say why he was calling you?

A: To get together that evening . Q: Did he say why — Did he say anything about having spoken to his father before calling you about your call to the father?

A: He didn’t — I don’t believe he mentioned it.

Q: Did you mention it in any way; that you had spoken to the father earlier before Lyle Menendez called you?

A: I don’t — I don’t believe it came up.

Q: Did Lyle Menendez say anything about his whereabouts during the afternoon at or about the time you called and spoke with the father?

A: I believe he said he was out shopping with his brother, with Erik.

Q: Did he say where?

A: As I recall I thought he said the Beverly Center.

What do you guys think? Was it Lyle who told him he was at the Beverly Center or was it Jose?