The brothers were convicted of murdering Jose and Kitty Menendez in 1989, and sentenced to life in prison without the possibility of parole. While their lawyers argued at trial that they were sexually abused by their father, prosecutors denied that fact and accused them of killing their parents for money. In the years that followed, they appealed their convictions several times, without success.
Today, at ages 53 and 56, Erik and Lyle Menendez are trying to regain their freedom again. In May 2023, their lawyers filed a motion for have a bodys (asks a court to consider whether a person is lawfully detained), asking a judge to consider new evidence of sexual abuse by their father.
“The newly discovered evidence directly supports the defense presented at trial.”
– Excerpt from a request from the Menendez brothers’ lawyers
Recent releases in the series Netflix Monsters: The Lyle and Erik Menendez Story and the documentary The Menendez Brothers in 2024 have once again drawn public attention to their fate. The public will have the opportunity to win a seat in the courtroom to catch a glimpse of the brothers, who will appear virtually.
Last month, prosecutors recommended a new sentencing for the brothers, saying they had worked toward redemption and rehabilitation and had demonstrated good behavior in prison.
Los Angeles District Attorney George Gascon held a news conference less than two weeks before Election Day, calling for new sentences ranging from 50 years to life. This could make them immediately eligible for parole because they were under 26 when they killed their parents.
Superior Court Judge Michael Jesic is scheduled to review the request for a new sentence on Dec. 11, but on Monday he will first consider the evidence of abuse raised in the habeas corpus petition. Immediate freedom is one possible outcome; the judge could also rule on the merits of the evidence. If the brothers do not win their case in court, they can hope that the governor of California will grant them clemency.
The new evidence includes a letter Erik Menendez wrote in 1988 to his uncle Andy Cano, describing the sexual abuse he suffered at the hands of his father. The brothers asked their lawyers about this after this letter was mentioned on a Barbara Walters special in 2015. The lawyers were unaware of this letter and realized that it had not been presented during their trial, making it new evidence that they say supports allegations that Erik was sexually abused by his father.
Further new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently testified that he was drugged and raped by Jose Menendez, the boys’ father, when he was a teenager in the 1980s. Menudo was signed by RCA Records, where Jose Menendez was director of operations.
Rossello opened up about the abuse he suffered in the Peacock documentary series Menendez + Menudo: Boys Betrayedand provided a signed statement to the brothers’ lawyers.
Had these two pieces of evidence been available at the brothers’ trial, prosecutors would not have been able to argue that there was no corroboration of sexual abuse, or that their father Jose Menendez was not the “kind of man who” would abuse children, according to the petition.
While leniency could be another path to freedom for the brothers, California Governor Gavin Newsom said last week that he would not make a decision until new Los Angeles District Attorney Nathan Hochman reviews the affair. Hochman, a Republican-turned-independent who defeated progressive Gascon on Dec. 2, said he wanted to carefully review the evidence before making any decisions.
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