The Menendez brothers are serving life terms but new evidence that they were molested has been reviewed by Gascón’s office, which led to their resentencing.
According to the L.A. Times, on Oct. 24, “Gascón requested Los Angeles County Superior Court Judge William Ryan rescind the brothers’ prior sentence of life without the possibility of parole and that they instead be sentenced to 50 years to life, a move that could make them eligible for parole as youthful offenders because they committed the crime when they were younger than 26.”
A piece of evidence recently brought to light is a handwritten letter Erik Menendez wrote to his cousin Andy Cano in 1988, months before the killings, in which he alludes to the abuse he endured from his father.
Another recent piece of evidence comes from Roy Rosselló, a former member of the boy band Menudo, who alleged that José Menendez raped him as a child. Rosselló’s allegation was revealed in a 2023 documentary series.
According to the L.A. Times, “Gascón has said the issue is whether the jury heard evidence that their father molested them, and whether that evidence might have affected the outcome of the trial.”
In 1989, Erik Menendez confessed to the killings to his therapist L. Jerome Oziel. In March 1990, Lyle Menendez was arrested by police and days later, Erik Menendez turned himself in, according to CNN.
Following their conviction, the brothers confessed to killing their parents, but claimed they did it out of self-defense after enduring a lifetime of physical and sexual abuse from their father, and were afraid for their lives. Defense attorneys argued in favor for the same and the first trial ended with two hung juries.
In the second trial, all claims of abuse and supporting testimonies were restricted, and the brothers were charged with first-degree murder and a life sentence in March 1996.
The Menendez brothers’ case has been receiving an increase in public attention after the release of a 2024 Netflix documentary and a true crime drama series “Monsters: The Lyle and Erik Menendez Story.”
Mark Geragos, one of the brothers’ attorneys, said he wants them home for Thanksgiving and would also pursue clemency from Newsom, who acknowledged on a podcast last weekend that he was reviewing the matter
One of the Menendez brothers’ attorneys, Mark Geragos, said he would also pursue clemency from Gov. Gavin Newsom, according to the Times.
The brothers’ attorneys said they will have a hearing on a habeas filing on Nov. 25 which could potentially be another path to freedom, according to AP News.
