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Part – Newstatenabenn

What to know about the attempt to free the Menéndez brothers
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What to know about the attempt to free the Menéndez brothers

LOS ANGELES – The Los Angeles County district attorney recommended a new sentence for Erik and Lyle Menendez, who were convicted of killing their parents in 1989 and can now have a path to freedom after spending 34 years behind bars.

Here are some things to know about the case:

What happened in the famous 1989 murder case?

The shotgun murders of José and Kitty Menéndez took place on August 20, 1989 at their Beverly Hills mansion. Their son Lyle Menendez was the one who called 911, and the brothers initially claimed the murder was related to the mafia or their father’s business dealings. The brothers continued to spend a lot, buying Rolex watches, cars and houses. Two months later, Erik Menéndez told his psychologist, Jerome Oziel, that he and his brother killed their parents. They were eventually arrested and charged with the death of their parents.

The murder case captured public attention. Immediately after the OJ Simpson trial, the nation was hungry for true crime television. The brothers’ first trial was one of the first to be televised almost entirely on Court TV. It generated documentaries, television specials and dramatizations. The Netflix drama “Monsters: Lyle and Erik Menendez Story” and the documentary “The Menendez Brothers,” premiering in fall 2024, have been credited in recent weeks for bringing new attention to the case.

Why were there two trials?

The brothers’ first trial took place in 1993 with separate juries. Prosecutors argued they killed their parents for financial gain. The brothers’ lawyers never disputed that the couple killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse by their father.

Both trials resulted in a hung jury on all three charges for the murder of José and Kitty Menéndez, and conspiracy to commit murder. Juries were split on convictions for murder and manslaughter.

At the second trial, held in 1995, the judge excluded a substantial amount of evidence that was presented at the first trial, including testimony from several family members who witnessed or heard about the abuse. Prosecutors doubled down on their claim that no abuse occurred. A single jury convicted both brothers on three counts, including first-degree murder, as well as stalking and special circumstances allegations. They were sentenced to life in prison without parole in 1996.

Los Angeles County District Attorney George Gascon speaks during a...

Los Angeles County District Attorney George Gascon speaks during a news conference at the Hall of Justice on Thursday, Oct. 24, 2024, in Los Angeles. Credit: AP/Damián Dovarganes

What about the appeals process?

In the years that followed, the brothers repeatedly appealed their convictions. In 1998, an appeals court and the California Supreme Court denied them. The state Supreme Court denied his petitions for habeas corpus, a request for a court to examine whether someone is lawfully detained.

After exhausting their options in state court, they filed petitions in federal court, which were denied. They then appealed in 2005 to the Ninth Circuit Court of Appeals, which again denied them.

Their lawyer said that after that appeal failed, they resigned themselves to spending the rest of their lives in prison.

How has the new evidence helped the brothers?

In 2015, the brothers learned of a letter written by Erik Menéndez to his uncle Andy Cano that was mentioned in a Barbara Walters television special. When they asked their lawyers about it, they were unaware of the letter and realized that it had not been presented in any of the trials, effectively making it new evidence.

Mark Geragos' defense attorney for Erik and Lyle Menendez surrounded...

Mark Gerago, the defense attorney for Erik and Lyle Menendez, surrounded by family, speaks during a news conference on Thursday, Oct. 24, 2024, in Los Angeles. Credit: AP/Damián Dovarganes

This letter, lawyers say, corroborates allegations that Erik was sexually abused by his father.

Roy Rosselló, former member of the Latin pop group Menudo, recently revealed that he was drugged and raped by José Menéndez, the children’s father, when he was a teenager in the 1980s. Menudo signed with RCA Records, which José Menéndez ran in that moment.

Rosselló spoke about his abuse in the Peacock documentary series “Menéndez + Menudo: Boys Betrayed.” He provided a signed statement to the brothers’ attorneys, the last evidence needed for them to file a new habeas corpus petition in May 2023 and request a re-examination of the case.

What does the current Los Angeles prosecutor say?

Los Angeles County prosecutors have recommended that the brothers receive a new sentence of 50 years to life in prison. Because they were under 26 at the time of the crimes, they would be eligible for parole immediately under a California law that went into effect in 2018.

District Attorney George Gascón said he took several factors into consideration in making the decision, including the brothers’ rehabilitation in prison. In documents filed by his office, prosecutors noted both brothers’ educational achievements (both earned several degrees) and their contributions to the community, such as the GreenSpace prison beautification program started by Lyle Menendez. Both siblings also received low-risk assessment scores.

Gascón also said the trial would have been handled differently with today’s understanding of how physical and sexual abuse affects children.

The brothers have the strong support of most of their family, who say they were vilified victims. However, one of their uncles wants them to remain in prison.

What happens next?

The resentencing request will now be reviewed by a Los Angeles County Superior Court judge. However, legal experts say it will not be a simple process.

Gascón faces disagreement within his own office regarding the decision, and one of the family members does not support a new sentence. They will have the opportunity to present their arguments before a judge.

If he agrees with the resentencing recommendation, the brothers will need the state parole board to grant their release. California Governor Gavin Newsom has 150 days to review the parole board’s decision.