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Should sex abuse evidence set Menendez brothers free? A judge will decide

By JAIMIE DING, Associated Press

LOS ANGELES (AP) — A judge will decide Monday whether new evidence warrants a re-examination of the convictions of Erik and Lyle Menendez in the shotgun murders of their parents in their Beverly Hills home more than 30 years ago.

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

Now, at 53 and 56, Erik and Lyle Menendez are making a new bid for freedom. Their lawyers filed a habeas corpus petition — a request for a court to examine whether someone is being lawfully detained — in May 2023, asking a judge to consider new evidence of their father’s sexual abuse. “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 be given the opportunity to win a seat in the courtroom to catch a glimpse of the brothers, who will be appearing virtually.

Should sex abuse evidence set Menendez brothers free? A judge will decide
FILE – This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP, File)

Prosecutors recommended resentencing for the brothers last month, saying they have worked on redemption and rehabilitation and demonstrated good behavior inside prison.

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

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

The new evidence includes a letter Erik Menendez wrote in 1988 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, making it effectively new evidence that they say corroborates allegations that Erik was sexually abused by his father.

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