Menendez Brothers Could Walk Free as New Molestation Evidence Prompts Review Ahead of Hearing

By William J. Furney

Erik and Lyle Menendez, who have spent more than 30 years in prison for the 1989 murders of their parents, may soon have their sentences reconsidered. Los Angeles County District Attorney George Gascón has confirmed that his office is reviewing new evidence of sexual abuse, a move that could lead to the brothers being resentenced or even released from custody.

The review comes ahead of a pivotal hearing in November and follows heightened public interest after a recent Netflix documentary on the case.

The Menendez brothers, who were aged 26 and 28 when they were sentenced to life in prison without parole in 1996, are now 53 and 56. Their legal team argues that key evidence of sexual abuse by their father, Jose Menendez, was not properly considered during their second trial. Gascón said at a news briefing on Thursday that his office was examining whether the jury was presented with a full picture of the alleged abuse the brothers endured before the killings.

“We’re not at this point ready to say we believe or do not believe that information,” Gascón said. “But we have a moral and ethical obligation to review what is being presented to us and make a determination.”

The potential for the brothers’ release or a reduced sentence hinges on whether the fresh evidence can substantiate their longstanding claims that the murders were the result of years of violent sexual abuse, primarily at the hands of their father. The new information also ties into claims made by Erik and Lyle during their original trial, which ended in a hung jury, but much of this was excluded from the second trial.

Menudo Star’s Bombshell Testimony
The resurgence of the Menendez case largely stems from new allegations made in a docuseries, Menendez + Menudo: Boys Betrayed, which aired last year. The series includes shocking claims from Roy Roselló, a former member of the 1980s boy band Menudo, who alleges that Jose Menendez sexually assaulted him when he was a teenager. Roselló says the abuse occurred during a visit to the Menendez family’s New Jersey home, where Jose was then working as an executive for RCA Records.

Roselló claims in the documentary that Jose Menendez raped and drugged him, a revelation that adds weight to the brothers’ allegations that their father was a serial abuser. Roselló’s testimony has intensified calls for the brothers’ case to be re-evaluated. “This new evidence is indisputable,” journalist Nery Ynclan, who co-reported the docuseries, told the Los Angeles Times on Thursday. “Lyle and Erik’s life didn’t end that horrible day. They’ve been model prisoners, leading rehabilitation programs for other inmates. It’s past time to show these victims of incest the mercy they deserve.”

The Menendez brothers’ petition for habeas corpus, filed last year, includes this new evidence and details other significant discoveries. A letter written by Erik Menendez eight months before the killings, which was recently uncovered, suggests that the abuse by his father continued into his late teenage years. In it, Erik writes: “I never know when it’s going to happen, and it’s driving me crazy. Every night I stay up thinking he might come in.”

This letter, coupled with Roselló’s allegations, could prove crucial in the upcoming hearing, with the brothers’ legal team arguing that the abuse was so severe that the murders were an act of self-defence, motivated by fear that their parents would kill them if they revealed the abuse.

Hearing Offers New Hope
Cliff Gardner, one of the attorneys representing the Menendez brothers, has expressed optimism over Gascón’s decision to re-examine the case. “They’re obviously looking at it closely, which is great,” Gardner said. “Anyone that takes a look at that evidence is going to walk away with the understanding those boys were molested as children.”

Gardner added that prosecutors have requested several extensions for the upcoming hearing to allow more time to review the new evidence, a move he believes reflects the seriousness with which the case is being handled. “The fact that they’re taking their time lets me know they’re taking it seriously,” he said, as quoted by the Times.

The writ of habeas corpus filed by the brothers seeks to have their 1996 conviction vacated based on these new revelations. The hearing is set for November 26, and while Gascón has not committed to completing his review by that date, his office is expected to provide clarity on whether the new evidence will warrant a retrial or a lesser sentence.

Public and Celebrity Support
The case has gained renewed attention not only because of the Peacock docuseries but also due to Netflix’s Monsters: The Lyle and Erik Menendez Story. The series has sparked widespread debate about whether justice was truly served in the original trials and prompted calls for reconsideration of the brothers’ sentences.

Kim Kardashian, a prominent advocate for prison reform, visited the brothers in prison last month and, in an essay, called for their sentences to be reassessed. “We owe it to those little boys who lost their childhoods, who never had a chance to be heard, helped, or saved,” the reality TV star wrote.

Both Erik and Lyle Menendez have maintained good behaviour during their decades of incarceration, prison officials say, and have taken on leadership roles in rehabilitation programs. “They’ve changed a lot in prison,” Ynclan said. “After 35 years, it’s time for the system to show some compassion.”

As public support for the brothers grows, the upcoming hearing may offer the first real chance in decades for Erik and Lyle Menendez to argue their case anew. If Gascón’s office finds that the evidence was improperly withheld or misrepresented in their trials, it could lead to their release or a reduced sentence, finally providing the closure their supporters have been seeking for years.

* Image: File.

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