Could the Menendez brothers be freed? | US News

The case of two brothers who were convicted of killing their parents in their Beverly Hills mansion in 1989 has been thrust back into the spotlight thanks to a Netflix drama telling their story.

Lyle Menendez, 56, and his 53-year-old brother Erik are serving life in prison without parole for the shotgun murders of their father and mother – Jose and Kitty Menendez.

But weeks after the release of a Netflix drama about the brothers called Monsters and a new documentary, their family has called for their release.

But what is the case for the brothers’ freedom? Is there new evidence, and can they get out?

What the family says

The Menendez brothers, who were were 21 and 18 at the time their parents died, admitted shooting them before they were found guilty of first-degree murder and conspiracy to murder in 1996.

But they claim they killed their mother and father in self-defence after enduring physical, emotional and sexual abuse over many years.

On 17 October, two dozen extended family members gathered for a news conference in Los Angeles.

Jose Menendez’s niece Anamaria Baralt spoke on their behalf, telling reporters: “Both sides of the family are united, sharing a new bond of hope.

“This is about truth, justice and healing… Their continued incarceration serves no rehabilitative purpose.”

Ms Baralt said the brothers were victims of a “culture that was not ready to listen”, as she called on the district attorney’s office to “take into account the full picture”.

Joan Andersen VanderMolen, Kitty Menendez’s sister, also told reporters: “I had no idea the extent of the abuse they suffered at the hands of my brother-in-law. None of us did.

“We know that abuse has long effects, and victims of trauma sometimes act in ways that are very difficult to understand.”

Family not entirely united

Kitty Menendez’s brother, Milton Andersen, 90, has said “the appropriate sentence” for the pair was life in prison without parole.

Read more:
Kim Kardashian visits Lyle and Erik Menendez in jail
Netflix series star ‘stands with’ Menendez brothers
Monsters creator reacts after Menendez family label drama ‘grotesque’

His lawyer said: “He believes that there was no molestation that occurred. He believes that the motive was pure greed, because they had just learned that they were going to be taken out of the will.”

An old defence with new evidence

The Menendez brothers have maintained their parents abused them since they were first charged with the murders.

Prosecutors at the time contended there was no evidence of any molestation. They said the brothers were after their parents’ multimillion-dollar estate.

The jury in their first trial in 1993 was deadlocked before the jury in their second trial found them guilty, rejecting a death sentence in favour of life without parole.

But their lawyers argue that because of society’s changing views on sexual abuse, the brothers may not have been convicted of first-degree murder and sentenced to life without parole today.

They say they should have been charged with manslaughter rather than murder, but this was not an option for the jury during the second trial.

The brothers’ defence team also say they’ve uncovered a letter that Erik Menendez had written to his cousin that was dated months before the murders, in which he talked about what he said was abuse from his father and being afraid of him.

LA district attorney George Gascon briefly shared the letter to his Instagram page before deleting the post.

In the handwritten letter, Erik wrote: “I’ve been trying to avoid dad… every night, I stay up thinking he might come in.”

He also said he was “afraid” and that he needed to “put it out of my mind” and “stop thinking about it”.

Roy Rossello, a former member of the band Menudo, also spoke out in the Peacock documentary series Menendez + Menudo: Boys Betrayed, alleging he was also raped by Jose Menendez.

Is there a real chance brothers could be freed?

Yes, because prosecutors in Los Angeles are currently reviewing the brothers’ convictions, with a court hearing scheduled for 26 November.

The brothers’ lawyers have asked them to look at whether the pair have been rehabilitated, based on their behaviour in prison.

If the court rules they have, the brothers could be released, or have their sentence reduced.

The lawyers have also submitted the letter Erik wrote to his cousin as new evidence, saying it was not seen by the jury when the brothers were sentenced in 1996 and could have influenced their decision.

If the court rules in their favour on this point but not on their rehabilitation, it could lead to a retrial.

In a news conference, Mr Gascon clarified that the review was not to determine whether or not the brothers killed their parents, saying it was “factual” and “well established” that they had.

He also said more than 300 people had been resentenced during his term as district attorney and that only four had gone on to reoffend.

Have the brothers reacted to the review?

Erik’s wife Tammi Menendez has commented on his behalf on social media, writing on X: “We truly value the support we’ve received following the District Attorney’s statement. We hold onto hope that this November will bring the resolution we have all been wishing for. We would deeply appreciate your ongoing prayers as we await their official response.”

After the family’s news conference, she added: “Erik feels deeply grateful and profoundly humbled by the overwhelming outpouring of love and support from his family today. Their belief in him and encouragement, care, and understanding mean more to him than words can express.”