A judge will decide Monday whether new evidence warrants a reconsideration of the convictions of Eric and Lyle Menendez (known colloquially as the Menendez Brothers) in the shotgun murders of their parents in their Beverly Hills home more than 30 years ago.
The brothers were convicted of the murders of Jose and Kitty Menendez in 1989 and were sentenced to life in prison without parole. While their defense lawyers said during the trial that they had been sexually assaulted by their father, prosecutors denied this and accused them of killing their parents for money. In the years that followed, they repeatedly appealed their sentences to no avail.
Now, at the ages of 53 and 56, Eric and Lyle Menendez are making a new bid for freedom. Their lawyers filed a habeas corpus petition — a request for the court to examine whether someone is in lawful custody — in May 2023, asking a judge to consider new evidence of their father’s sexual abuse. “The newly discovered evidence directly supports the defense presented at trial,” the petition states.
Latest Netflix Drama Releases Monsters: The Story of Lyle and Eric Menendez And the documentary The Menendez brothers In 2024, renewed public attention was drawn to their plight. Members of the public will be given the opportunity to win a seat in the courtroom to catch a glimpse of the brothers who will appear virtually.
Prosecutors recommended the brothers be re-sentenced last month, saying they had worked for redemption and rehabilitation and demonstrated good behavior inside prison.
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Los Angeles District Attorney George Gascón held a news conference less than two weeks before Election Day, calling for new 50-year to life prison sentences. This could make them immediately eligible for parole because they were under 26 when they killed their parents.
Superior Court Judge Michael Gesich is scheduled to hear the resentencing request on December 11, but on Monday, he will first address evidence of abuse raised in the habeas corpus petition. Instant freedom is one possible outcome; The judge may also consider the merits of the evidence. If the brothers do not get relief in court, they can hope that the governor of California will grant them clemency.
FILE – Eric Menendez (left) and his brother Lyle (right) listen during a pretrial hearing, on December 29, 1992 in Los Angeles after the two pleaded not guilty to the murder of their wealthy parents, Jose and Mary Louise, in August 1989. Menendez is from Beverly Hills, California .
Vince Bucci/AFP via Getty Images
The new evidence includes a letter written by Eric Menendez in 1988 to his uncle, Andy Cano, in which he describes the sexual abuse he suffered from his father. The brothers asked their lawyers about the matter after it was mentioned in a Barbara Walters TV special in 2015. The lawyers were unaware of the letter and realized it had not been presented at their trials, effectively making it new evidence that they say supports the allegations that Eric was sexually abused by his father. .
More new evidence emerged when Ruy Rosselló, a former member of the Latin pop band Menudo, recently said he was drugged and raped by Jose Menendez, the boys’ father, when he was a teenager in the 1980s. Menudo was signed to RCA Records, where José Menendez was chief operating officer.
Rosselló spoke about his abuse in the Peacock documentary series Menendez + Menudo: The boys betrayedHe provided a signed statement to the brothers’ lawyers.
Had this evidence been available during the brothers’ trial, prosecutors would not have been able to say there was no evidence of sexual abuse, or that their father, Jose Menendez, was not “the kind of man who” abused children. says the petition.
While a pardon could be another path to freedom for the brothers, California Gov. Gavin Newsom said last week that he would not make a decision until incoming Los Angeles District Attorney Nathan Hochman reviews the case. Hochman, the Republican-turned-independent who ousted the progressive Gascón on Dec. 2, said he wants to carefully consider the evidence before making any decisions.
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