Menendez Brothers Set to Make Court Appearance Monday in Freedom Bid

LOS ANGELES — On Monday, a judge will evaluate whether new evidence merits a re-examination of Erik and Lyle Menendez’s convictions for the 1989 murders of their parents, Jose and Kitty Menendez, in Beverly Hills.

The brothers received life sentences without the possibility of parole after being found guilty. During the trial, they claimed to have suffered sexual abuse at the hands of their father. Prosecutors, however, asserted that they murdered their parents to inherit their wealth. Subsequent appeals have consistently failed.

Now aged 53 and 56, the Menendez brothers are seeking another chance for freedom. Their attorneys filed a habeas corpus petition in May 2023. The petition requests the court to review newly discovered evidence of ongoing abuse by their father, asserting this supports their defense claims from the original trial.

Recent media attention, fueled by the Netflix drama “Monsters: Lyle and Erik Menendez Story” and the documentary “The Menendez Brothers,” has brought the case back into the spotlight. Public interest has surged, with some opportunities for courtroom attendance being provided for fans eager to see the brothers virtually.

In a significant development, prosecutors suggested a resentencing for the brothers last month. They highlighted the Menendez brothers’ efforts toward rehabilitation and good behavior while incarcerated, advocating for sentences of 50 years to life. This change could qualify them for parole, given their ages at the time of the murders.

Los Angeles District Attorney George Gascón held a press conference ahead of the upcoming election, emphasizing the need for new sentencing considerations, as the brothers were under 26 when the crimes occurred. Judge Michael Jesic plans to address the habeas petition on Monday, laying the groundwork for possible immediate relief.

The newly introduced evidence includes a letter Erik wrote in 1988 to his uncle detailing the sexual abuse he endured. The letter surfaced following a mention in a 2015 Barbara Walters special, which prompted his legal team to examine its significance. This evidence was not presented during their original trials, making it essential for their case.

Additionally, Roy Rossello, a former member of the pop group Menudo, recently alleged he was sexually abused by Jose Menendez in the 1980s. This revelation has surfaced in the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” along with a formal statement provided to the brothers’ legal representatives.

Had this evidence been available during the Menendez trial, prosecutors would have faced challenges in asserting that no corroboration for sexual abuse existed. The appeal cites these new developments as critical in reassessing their case.

While clemency remains an option for the brothers, California Governor Gavin Newsom indicated last week that he would defer any decisions until the new Los Angeles District Attorney, Nathan Hochman, conducts a thorough review of the case. Hochman has expressed a commitment to carefully consider the evidence before reaching any conclusions.