What to know about the Menendez brothers' resentencing plea
LOS ANGELES (AP) — A judge announced that Erik and Lyle Menendez will have to wait until next year to learn if they might have the chance to be released from prison, over 30 years after they were convicted of murdering their parents.
The brutal shooting deaths of Jose and Kitty Menendez on August 20, 1989, in their home in Beverly Hills drew widespread media interest. Authorities claimed that the Menendez brothers murdered their parents to inherit their wealth.
The lawyers for the brothers acknowledged that the two had indeed killed their parents, but contended that they did so in self-defense following years of emotional and sexual abuse inflicted by their father.
Following a first trial that ended without a definitive verdict, the brothers were found guilty of murder and received life sentences in prison with no chance of parole.
Last month, prosecutors in Los Angeles County suggested that the brothers should have their sentences reviewed. They pointed out that the brothers had shown positive behavior and made progress in their rehabilitation while in prison.
They are receiving backing from their family, and lawyers have brought forward new proof regarding the sexual abuse that the brothers claim they endured from their father.
Here are a few key points to understand regarding the situation:
Judge Michael Jesic of the LA County Superior Court conducted a hearing to review the Menendez brothers' request for their release.
In May 2023, their legal team submitted a habeas corpus petition, which is a formal request for the court to review the legality of someone's detention. They wanted the judge to take into account fresh evidence related to their father's supposed sexual abuse.
Following the resurgence of public attention stemming from the recent Netflix series and documentary, Los Angeles District Attorney George Gascón has requested that the judge impose a new sentence of 50 years to life on the brothers. This new sentence could potentially allow them to be eligible for parole right away, since they were under 26 years old at the time of their parents' murder.
On Monday, Jesic announced that he would not be able to proceed with the hearing set for December 11 because he had too much evidence to review. As a result, he rescheduled the hearing for January 30.
Who Is Backing The Brothers' Release?
Erik and Lyle Menendez have the backing of nearly all of their extended family, who came together last month to advocate for their release.
On Monday, the brothers' two aunts testified in favor of their freedom.
Joan Andersen VanderMolen, who will celebrate her 93rd birthday on Tuesday, and Teresita Baralt, Jose's older sister at 85, expressed their desire for their nephews to return home.
They mentioned that they had maintained communication with the brothers during their time in prison, although they hadn't met face-to-face in years.
Andersen VanderMolen described the mistreatment that Erik and Lyle Menendez endured as “unimaginable.”
Baralt mentioned that she had a close relationship with Jose and had lived right across the street from him and Kitty for many years. She referred to Kitty as her closest friend.
"We feel a deep sense of loss for those who are no longer with us," Baralt said, tears in her eyes. "But we also feel the absence of the children."
Factors The Judge May Take Into Account
The judge may take into account fresh evidence that the brothers' lawyers claim supports their accusations that their father sexually abused them.
A significant amount of the evidence and statements from family members regarding the supposed abuse were not considered in the trial that ultimately led to their conviction.
The lawyers representing the brothers stated that the fresh evidence consists of a letter Erik Menendez sent to his uncle, Andy Cano, in 1988 — just a year before the killings. In this letter, Erik talked about the sexual abuse he suffered at the hands of his father.
The brothers consulted their attorneys about the matter after it came up in a Barbara Walters TV special back in 2015. The lawyers were unaware of the letter and discovered that it had not been presented during their trials.
Recently, additional information has come to light as Roy Rossello, a former member of the Latin pop band Menudo, has accused Jose Menendez of drugging and sexually assaulting him during his teenage years in the 1980s.
Menudo signed with RCA Records, where Jose Menendez held the position of chief operating officer. In the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” Rossello discussed his experiences of abuse and gave a written statement to the lawyers representing the Menendez brothers.
The judge might also take into account the brothers' history while incarcerated.
In a report submitted by the district attorney’s office advocating for a new sentence, prosecutors highlighted the brothers' accomplishments in education, noting that they have both earned multiple degrees, as well as their efforts to give back to the community.
One initiative is the GreenSpace project aimed at improving prison surroundings, which was launched by Lyle Menendez. Additionally, both brothers have been evaluated as low-risk, and it's mentioned that Lyle has managed to avoid any altercations in his three decades behind bars.
"Who Else Can Offer Insights?"
Prosecutors who oppose the brothers' release are anticipated to present their case to the judge.
The lawyers for the brothers have filed documents asking California Governor Gavin Newsom for clemency, which would allow him to release them. Nevertheless, Newsom mentioned last week that he won’t make a decision until Nathan Hochman, the new Los Angeles County District Attorney set to take office on December 2, has a chance to examine the case.
Hochman, who switched from being a Republican to an independent candidate after defeating the progressive Gascón, stated that the judge's choice to postpone the hearing will provide him ample opportunity to go through the detailed prison records, the transcripts from two lengthy trials, and the large amount of evidence. He also plans to speak with prosecutors, police, defense lawyers, and the families of the victims.
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