Could evidence of sexual abuse free the Menéndez brothers? A judge will decide

A judge will decide Monday whether new evidence warrants a reexamination of Erik and Lyle Menendez’s convictions for the shooting death of their parents in their Beverly Hills home more than 30 years ago.

The brothers were convicted of murdering José and Kitty Menéndez in 1989 and sentenced to life in prison without parole. Although their defense attorneys argued at trial that they had been sexually abused by their father, prosecutors denied this and accused them of killing their parents for money. In the years that followed, they repeatedly appealed their convictions without success.

Now, at ages 53 and 56, Erik and Lyle Menéndez are making a new attempt to gain freedom. His lawyers filed a habeas corpus petition (a request for a court to examine whether someone is lawfully detained) in May 2023, asking a judge to consider new evidence of his father’s sexual abuse. “The newly discovered evidence directly supports the defense presented at trial,” the petition said.

The recent releases of the Netflix drama “Monsters: Lyle and Erik Menendez Story” and the documentary “The Menendez Brothers” in 2024 brought renewed public attention to their plight. Members of the public will have the opportunity to win a seat in the courtroom to catch a glimpse of the brothers, who will appear virtually.

The prosecutors They recommended a new sentence for the brothers last monthsaying that they have worked on redemption and rehabilitation and have demonstrated good behavior inside prison.

Los Angeles District Attorney George Gascón held a press conference less than two weeks before Election Day, calling for new sentences of 50 years to life in prison. This could make them immediately eligible for parole because they were under 26 when their parents were killed.

Superior Court Judge Michael Jesic is scheduled to consider the resentencing request on Dec. 11, but on Monday, he will first address the evidence of abuse raised in the habeas corpus petition. Immediate freedom is one possible outcome; the judge could also weigh in on the merits of the evidence. And if the brothers don’t get relief in court, they can hope that California’s governor will grant them clemency.

The New evidence includes a letter Erik Menéndez wrote in 1988 to his uncle Andy Cano, describing the sexual abuse he had suffered at the hands of his father. The brothers asked their lawyers about it after it was mentioned on a Barbara Walters television special in 2015. The lawyers were unaware of the letter and realized it had not been presented at their trials, making it new evidence that they say corroborates accusations that Erik was sexually abused by his father.

More new evidence emerged when Roy Rosselló, a former member of the Latin pop group Menudo, recently came forward and said he had been drugged and raped by José Menéndez, the brothers’ father, when he was a teenager in the 1980s. Menudo was signed by RCA Records, where José Menéndez was the director of operations.

Rosselló spoke about his abuse in the Peacock docuseries “Menéndez + Menudo: Boys Betrayed,” and provided a signed statement to the brothers’ attorneys.

If this two pieces of evidence had been available during the brothers’ trial, prosecutors would not have been able to argue that there was no corroboration of sexual abuse, or that their father, José Menéndez, was not the “kind of man who” would abuse children, he argues. the request.

While clemency could be another path to freedom for the brothers, California Gov. Gavin Newsom said last week he won’t decide until incoming Los Angeles District Attorney Nathan Hochman reviews the case. Hochman, a Republican-turned-independent who unseated the progressive Gascón on Dec. 2, has said he wants to carefully analyze the evidence before making any decisions.

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