LOS ANGELES (AP) — A judge has ruled that Erik and Lyle Menendez will not be able to be released from jail more than 30 years after killing their parents, and they will have to wait until next year to find out.
The public’s attention was drawn to the shotgun murders of Jose and Kitty Menendez at their Beverly Hills residence on August 20, 1989. The Menendez brothers killed their parents for financial gain, according to the prosecution. Although the brothers’ lawyers never denied that the two killed their parents, they maintained that they did it in self-defense following years of emotional and sexual abuse at the hands of their father.
The brothers were found guilty of murder following a first mistrial and given a life sentence without the chance of release.
Last month, Los Angeles County prosecutors recommended the boys’ resentencing, citing their good behavior and rehabilitation while incarcerated. Their family supports them, and lawyers have provided further proof of the brothers’ alleged sexual abuse at the hands of their father.
The following information relates to the case:
What took place on Monday?
Judge Michael Jesic of the LA County Superior Court heard arguments about the Menendez brothers’ request for freedom.
In May 2023, their attorneys first requested that a judge review fresh evidence of their father’s alleged sexual assault in a habeas corpus petition, which asks a court to determine whether someone is being held legally.
Los Angeles District Attorney George Gasc asked the judge to sentence the brothers to a new sentence of 50 years to life, which could immediately make them eligible for parole because they were under 26 when they killed their parents. This decision was made in response to the recent release of a Netflix drama and documentary, which rekindled public interest in the case.
However, Jesic stated on Monday that the volume of evidence he had to review prevented him from proceeding with the hearing that was set for December 11. The hearing was rescheduled on January 30.
Is anyone in favor of the brothers’ release?
Nearly every member of their extended family, who came together to demand their release last month, is in favor of Erik and Lyle Menendez.
On Monday, the brothers’ two aunts testified in favor of their release. Teresita Baralt, Jose’s 85-year-old older sister, and Joan Andersen VanderMolen, Kitty Menendez’s sister who turns 93 on Tuesday, both expressed a desire for their nephews to return home. Despite not having seen the brothers in person for years, they claimed to have been in touch with them during their incarceration.
Erik and Lyle Menendez endured unspeakable maltreatment, according to Andersen VanderMolen.
She lived across the street from Jose and Kitty, who Baralt described as her best friend, for years, and she was close to both of them, Baralt said.
With tears in her eyes, Baralt testified, “We miss those who are gone tremendously.” However, we also miss the children.
What could the judge take into account?
The judge might consider new evidence that the brothers attorneys say corroborate their allegations that they were sexually abused by their father. During the trial that resulted in their conviction, a large portion of the family members’ testimony and supporting evidence pertaining to the alleged abuse was removed.
The brothers attorneys said the new evidence includes a letter Erik Menendez wrote in 1988 the year before the murders to his uncle Andy Cano, describing the sexual abuse he had endured from his father. The brothers asked their lawyers about it after it was mentioned in a 2015 Barbara Walters television special. The lawyers hadn t known of the letter and realized it had not been introduced at their trials.
More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward saying Jose Menendez drugged and raped him when Rossello was a teen in the 1980s. Menudo was signed under RCA Records, where Jose Menendez was chief operating officer. Rossello spoke about his abuse in the Peacock docuseries Menendez + Menudo: Boys Betrayed, and provided a signed declaration to the brothers lawyers.
The judge may also consider the brothers prison record.
In a document filed by the district attorney s office recommending resentencing, prosecutors pointed to the brothers educational achievements both have attained several degrees and contributions to the community. One is aGreenSpaceprison beautification program Lyle Menendez started. Both brothers also received low-risk assessment scores, and the document notes that Lyle had not been in a single fight during his 30 years in prison.
Who else could weigh in?
Prosecutors who believe the brothers should not be freed are expected to make their own arguments to the judge.
The brothers attorneys have submitted papers requesting clemency from California Gov. Gavin Newsom, who has the power to free them. However, Newsomsaid last weekthat he won t decide until incoming Los Angeles County District Attorney Nathan Hochman, who takes office on Dec. 2, has the opportunity to review the case.
Hochman, a Republican-turned-independent who unseated the progressive Gasc n, said the judge s decision to delay the hearing will give him enough time to review the extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult with prosecutors, law enforcement, defense counsel and victim family members.
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