ABRAMSON TAKES FIFTH WHEN ASKED ABOUT NOTES.

Byline: Anne Burke Daily News Staff Writer

Defense lawyer Leslie Abramson invoked her Fifth Amendment right against self-incrimination Friday rather than answer a judge's questions about possible attorney misconduct in the Menendez brothers' murder retrial.

It was a dramatic moment in the retrial and a stunning twist in the career of the feisty lawyer who rose to national prominence for her role in crafting the brothers' abuse defense.

``I do assert my privilege against self-incrimination,'' Abramson said in a barely audible voice.

Judge Stanley Weisberg had asked Abramson, defense lawyer for Erik Menendez, to supply details about a defense expert's disclosure on the witness stand Thursday that he deleted prejudicial material from interview notes at Abramson's request.

Abramson told Weisberg that it was on the advice of her attorney, Dennis A. Fischer, that she would not answer his question of whether she turned over to prosecutors an edited or unedited copy of psychiatrist Dr. William Vicary's notes.

She invoked the Fifth Amendment a second time when Weisberg asked her why the material was taken out of Vicary's notes.

Abramson was not sworn in and did not take the witness stand. Weisberg's questions came during a hearing outside the presence of the jury.

Even without Abramson's answers, Weisberg rejected mistrial motions filed on behalf of both brothers, who claimed that they suffered irreparable damage in the penalty phase as a result of suggestions of possible misconduct and ineffective representation by Abramson.

Weisberg ordered the trial to resume Monday with more testimony by Vicary. Jurors are deciding between execution and life in prison without parole for Erik, 25, and Lyle, 28.

The psychiatrist's startling disclosure about the edited notes, which are turned over to opposing counsel as part of the discovery process, has thrown the retrial into a tailspin, and raised serious questions about the outcome of the penalty phase and Abramson's career.

But legal experts cautioned that Abramson's invocation of the Fifth Amendment should not be taken as evidence that she had done anything wrong.

``It's not supposed to be taken as a suspicious action,'' said Ellen Pansky, vice chairwoman of the Los Angeles County Bar Association's Professional Responsibility and Ethics Committee.

During a hearing on the mistrial motions Friday, Abramson told Weisberg her main concern was that her client not pay the price for suggestions that she had committed misconduct, suborned perjury or tampered with evidence.

Of her own career, she said: ``Anything having to do with lawyer misconduct or lawyer discipline, I have no problem dealing with that.''

Calling the prosecution's focus on the altered notes a ``witch hunt'' against Abramson, Barry Levin, also Erik's lawyer, sought a new trial and new lawyer for his client. He insisted the jury would ``blame Erik Menendez for the appearance of impropriety by Ms. Abramson.''

``Her credibility in front of the jury has been so severely tarnished and damaged, it would be unlikely any arguments would be persuasive on behalf of her client,'' Levin said.

Levin said that the penalty phase had turned into a ``death march'' for Erik. He advised Erik to file a motion requiring a court hearing to air allegations of ineffectiveness of counsel.

``Erik Menendez is entitled to a conflict-free attorney. It is no longer possible for him to receive a fair penalty phase trial,'' Levin said.

Charles Gessler, Lyle's attorney, said that possible misconduct by Abramson would spill over to his client in his life-and-death struggle.

``At this point, it appears to the jury, rightly or wrongly, that there has been misconduct in deleting the notes,'' said Gessler.

Weisberg suggested that Levin step in as Erik's chief counsel. He said that the jurors are to base their decision on the evidence, not on possible misdeeds by an attorney.

Weisberg did not rule on any matter involving possible misconduct. He said his inquiry was not for that purpose, but to determine whether the trial could continue.

The misconduct allegations could trigger a California State Bar investigation, but probably not until after the trial, legal experts have said.

Lawyers in the case are barred from talking to the media because of a gag order.

Friday's developments also included disclosures by Abramson and Vicary that there were several other instances in which items were deleted from the psychiatrist's notes - some, at least, at Abramson's orders.

Jurors convicted the brothers last month of first-degree murder plus special circumstances for the Aug. 20, 1989 slayings of their wealthy parents, Jose, 45, and Kitty, 47.

The brothers claimed they killed their parents following years of abuse. Prosecutors claim money and freedom were the motives.

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Photo: (color) Leslie Abramson

Developed Menendez defense