LOS ANGELES — A judge will assess on Monday if new evidence is sufficient to prompt a re-evaluation of the convictions held by Erik and Lyle Menendez in connection with the brutal murders of their parents, Jose and Kitty Menendez, at their Beverly Hills residence over three decades ago.
The Menendez brothers were convicted in 1989 for the murder of their parents and subsequently received life sentences without the possibility of parole. During the trial, their defense team contended that the brothers were victims of sexual abuse at the hands of their father. In contrast, prosecutors refuted these claims, alleging that the motive for the killings stemmed from a desire for financial gain. Since the conviction, the brothers have pursued multiple appeals, all of which have been unsuccessful.
Now aged 53 and 56 respectively, Erik and Lyle Menendez are seeking another chance at freedom. In May 2023, their legal team submitted a habeas corpus petition, requesting the court to investigate the legitimacy of their continued detention based on newly surfaced evidence regarding the sexual abuse by their father. The petition highlights that this newly uncovered information strongly supports their defense presented during the initial trial.
The release of recent media portrayals, including Netflix’s drama “Monsters: Lyle and Erik Menendez Story” and the documentary “The Menendez Brothers,” has reignited public interest in their case. The courtroom will have limited seating available for members of the public who wish to witness the state of affairs as the brothers are anticipated to appear via video link.
In a recent development, Los Angeles District Attorney George Gascón advocated last month for resentencing the Menendez brothers, citing their efforts towards rehabilitation and good behavior during their incarceration. Gascón’s proposal includes a new sentence of 50 years to life, rendering them eligible for parole, given that they were under the age of 26 at the time of their parents’ deaths.
Judge Michael Jesic is scheduled to deliberate on the resentencing request on December 11; however, he will first address the allegations of abuse linked to the habeas petition on Monday. The ruling could either prompt immediate release or provide insights into the validity of the evidence. If unsuccessful in court, the brothers may still find hope through clemency from California’s governor.
Among the newly presented evidence is a letter penned by Erik Menendez in 1988 to his uncle, Andy Cano, in which he detailed the sexual abuse he suffered from their father. The brothers only became aware of the letter after it was referenced in a 2015 television special with Barbara Walters. Their legal representatives, upon discovering that the letter was never submitted during the trials, consider it new evidence corroborating Erik’s claims of abuse.
Additional evidence arose when Roy Rossello, a past member of the Latin pop group Menudo, revealed that he was drugged and sexually assaulted by Jose Menendez in the 1980s when he was a teenager. Menudo was associated with RCA Records where Jose Menendez worked as the chief operating officer. Rossello discussed his experiences in the Peacock docuseries “Menendez + Menudo: Boys Betrayed” and provided a sworn statement to the brothers’ legal team.
The petition posits that if this evidence had been available at the time of trial, the prosecution would not have been able to dismiss the claims of sexual abuse or deny that Jose Menendez was capable of such actions. While clemency could be a potential avenue for the Menendez brothers, California Governor Gavin Newsom indicated last week that he would delay his decision until the newly elected Los Angeles district attorney, Nathan Hochman, has reviewed the case meticulously. Hochman, who transitioned from a Republican to an Independent after defeating the progressive Gascón, has expressed his intention to thoroughly evaluate the evidence before arriving at a conclusion.
