Los Angeles County District Attorney George Gascón spoke to Newsweek about the high-profile Menendez brothers’ case, which involved Lyle and Erik Menendez admitting to shooting their parents due to the fear of potential violence against them. The brothers opened fire on their Hollywood executive father and mother inside their Beverly Hills home in 1989, ultimately resulting in their deaths. Gascón revealed that new evidence, including a letter from Erik Menendez detailing the alleged sexual abuse by his father and a statement from a former Menudo member alleging he was also molested by Jose Menendez, is under review. The outcome of a hearing on November 29 remains uncertain, but Gascón assured that a comprehensive investigation will be conducted to determine whether the brothers should be granted relief or a resentencing.
The first trial for the Menendez brothers took place in 1993, resulting in two deadlocked juries and no verdict. This led to a mistrial and set the stage for a second trial in 1995. Gascón stated that the brothers’ attorneys are presenting two options: a habeas petition or a resentencing. A habeas petition allows an individual to challenge the legality of their detention by asserting their constitutional rights have been violated. New evidence, such as Erik Menendez’s letter and Roy Rossello’s allegations of sexual assault by Jose Menendez, is being considered in the ongoing legal review. Mark Geragos, one of the brothers’ attorneys, expressed optimism about a favorable outcome from the new evidence presented.
Investigative journalist Robert Rand uncovered the letter from Erik Menendez where he confided in his cousin about the ongoing sexual abuse by his father. Additionally, Roy Rossello, a former Menudo member, came forward with allegations of abuse by Jose Menendez when he was a teenager. The updated edition of Rand’s book addressed the connection between Menudo and Jose Menendez, adding a new dimension to the case. The possibility of resentencing the brothers is also being evaluated, based on their demonstrated rehabilitation and readiness to reintegrate into society after 35 years in prison.
Gascón explained that under California law, a resentencing can be pursued if the individual has shown rehabilitation within the prison system. The decision on whether to continue their incarceration or give them another chance hinges on the evaluation of their progress and behavior during their imprisonment. The upcoming November 29 hearing will determine the fate of the Menendez brothers, with the court serving as the final arbiter in deciding whether they will be released or remain in prison. Both brothers remain in prison while undergoing further legal proceedings, including the recent transfer of Lyle to the same facility as Erik.
The Menendez brothers are married and continue their legal battles while in prison. Netflix is set to release a documentary featuring real-life accounts from Erik and Lyle themselves, revisiting the trial that captivated the nation nearly 30 years ago. However, Erik Menendez expressed disappointment over the portrayal of their story, criticizing the series for its inaccuracies and harmful character portrayals. Kim Kardashian has also joined the call for the release of the Menendez brothers, emphasizing the need for justice and highlighting the evolving understanding of sexual abuse in society. Geragos noted the impact of cultural evolution on legal outcomes, suggesting that the trials would have differed if the defendants were females.
