LOS ANGELES (AP) — Erik and Lyle Menendez will have to wait until next year for a decision on whether they should be eligible for release from prison more than 30 years after their parents were murdered, a judge said.
The shotgun murders of Jose and Kitty Menendez on August 20, 1989, in their Beverly Hills mansion captured the public’s attention. Prosecutors argued the Menendez brothers killed their parents for financial reasons. The brothers’ lawyers never disputed that the couple killed their parents, but argued that they acted in self-defense after their father emotionally and sexually abused them for years.
After an initial mistrial, the brothers were sentenced to life in prison without the possibility of parole for murder.
Los Angeles County prosecutors last month recommended the brothers be resentenced, saying they had demonstrated good behavior and rehabilitation in prison. They are receiving support from their family and lawyers have presented up-to-date evidence of the sexual abuse the brothers allegedly suffered at the hands of their father.
Here are some things you should know about the case:
What happened on Monday?
LA County Superior Court Judge Michael Jesic held a hearing to discuss the Menendez brothers’ desire for freedom.
Her lawyers first filed a habeas corpus petition — a request for a court to consider whether someone is lawfully imprisoned — in May 2023, asking a judge to consider up-to-date evidence of her father’s alleged sexual abuse.
After renewed public interest in the case following the recent release of the Netflix drama and documentary, Los Angeles District Attorney George Gascón asked the judge to give the brothers a up-to-date sentence of 50 years to life in prison grant, which would make them immediately eligible for parole because they were less than 26 years senior when they killed their parents.
However, on Monday Jesic said he could not proceed with the hearing scheduled for December 11 due to the amount of evidence he had to go through. He postponed the hearing until January 30.
Who supports the release of the brothers?
Erik and Lyle Menendez have the support of nearly their entire extended family, who came together last month to call for their release.
The brothers’ two aunts called for their release on Monday. Joan Andersen VanderMolen, Kitty Menendez’s sister, who turns 93 on Tuesday, and Teresita Baralt, Jose’s older sister, who is 85, both said they wanted their nephews to come home. They said they kept in touch with the brothers during their time in prison, even though they hadn’t seen them in person for years.
Andersen VanderMolen said the abuse suffered by Erik and Lyle Menendez was “unconscionable.”
Baralt noted that she was close to Jose and lived across the street from him and Kitty for years, whom Baralt described as her best friend.
“We miss those who died very much,” Baralt said through tears. “But we also miss the children.”
What might the judge take into account?
The judge could consider up-to-date evidence that the brothers’ lawyers say could support their claims that they were sexually abused by their father. Much of the evidence and testimony from family members relating to the alleged abuse was not considered during the trial in which they were ultimately convicted.
The brothers’ lawyers said the up-to-date evidence included a letter Erik Menendez wrote to his uncle Andy Cano in 1988 – a year before the murders – in which he described the sexual abuse he suffered at the hands of his father. The brothers asked their lawyers about it after it was mentioned on a 2015 TV show by Barbara Walters. The lawyers had not known about the letter and realized it had not been produced at their trials.
More up-to-date evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward and said Jose Menendez drugged and raped him as a teenager in the 1980s. Menudo was signed by RCA Records, where Jose Menendez was chief operating officer. Rossello spoke about his abuse in the Peacock documentary “Menendez + Menudo: Betrayed Boys” and provided a signed statement to the brothers’ lawyers.
The judge may also consider the brothers’ prison records.
In a document filed by prosecutors recommending resentencing, prosecutors noted the brothers’ educational achievements – both have earned multiple degrees – and contributions to the community. One of them is a GreenSpace prison beautification program created by Lyle Menendez. Both brothers also received low risk assessment scores, and the document states that Lyle was not in a single fight during his 30 years in prison.
Who else could have a say?
Prosecutors who believe the brothers should not be released are expected to make their own arguments to the judge.
The brothers’ lawyers have filed papers requesting clemency from California Gov. Gavin Newsom, who has the authority to release them. However, Newsom said last week that he would not make a decision until Los Angeles County’s up-to-date district attorney, Nathan Hochman, who takes office on December 2, has a chance to review the case.
Hochman, a Republican-turned-independent who unseated the progressive Gascón, said the judge’s decision to postpone the hearing gave him enough time to “review and engage with the voluminous prison files, transcripts of two lengthy trials and voluminous exhibits.” Advise prosecutors, law enforcement agencies, defense attorneys and family members of the victim.”
