Menendez Brothers Express Optimism About Potential Release: Is Freedom Within Reach? | US News

The Menendez brothers, convicted in 1989 for the murder of their parents in their Beverly Hills home, are on the verge of discovering their potential release from prison.

Lyle Menendez, aged 56, and his 53-year-old sibling Erik are currently serving life sentences without the possibility of parole for the shotgun murders of their parents, Jose and Kitty Menendez.

In a rare prison interview after nearly a decade of silence, Lyle expressed that he and Erik are “cautiously hopeful” about their chances of being released.

“Holding hope for the future is something quite new for us. I believe Erik would concur. It’s not something we’ve focused on much,” he shared with TMZ at the start of April.

The brothers have consistently maintained that their parents subjected them to abuse over the years, starting from the time they were charged with the killings.

A Netflix series titled Monsters, which premiered in September, has renewed public interest in their story and revived calls for their release, even from family members.

The brothers’ legal representation has petitioned the Los Angeles prosecutors to reconsider their sentencing, which might open the door for their release.

Originally scheduled for several delays, the resentencing hearing is now set for April 11.

What arguments support the brothers’ release? Is there new evidence introduced? And why has the decision been postponed until now?

A long-standing defense with new information

At the time of their parents’ deaths, the Menendez brothers were 21 and 18, respectively, and openly admitted to shooting them, leading to their conviction for first-degree murder and conspiracy in 1996.

However, they argue their actions were in self-defense, claiming years of physical, emotional, and sexual abuse, including being molested by their father.

Prosecutors at the time argued that no credible evidence supported claims of sexual abuse, suggesting instead that the brothers were motivated by greed for their parents’ multimillion-dollar estate.

The jury in their initial trial in 1993 was unable to reach a verdict, while in their second trial, they were convicted but spared the death penalty in favor of life imprisonment without parole.

However, their defense team contends that societal attitudes towards sexual abuse have evolved, suggesting that if they were tried today, they may not have been found guilty of first-degree murder or sentenced to life without parole.

They argue that charges of manslaughter should have been an option for the jury in the second trial, which was not the case.

The defense has also identified a letter from Erik to his cousin written months before the murders, which they claim indicates he was being abused by his father.

Additional Information:
Kim Kardashian’s visit to Lyle and Erik Menendez in jail
Netflix series star shows support for Menendez brothers
Response from Monsters creator to family’s criticism

Los Angeles district attorney George Gascon briefly shared the letter on his Instagram but subsequently deleted the post.

In this handwritten correspondence, Erik wrote: “I’ve been trying to avoid dad… I stay up at night worrying he might come in.”

He also expressed he felt “afraid” and wanted to “put it out of my mind” and “stop thinking about it.”

Roy Rossello, a former member of the band Menudo, has also alleged that he was sexually assaulted by Jose Menendez as a teenager in the 1980s, speaking out in the Peacock documentary series Menendez + Menudo: Boys Betrayed.

At that time, Menudo was signed to RCA Records, where Jose Menendez served as chief operating officer, and Mr. Rossello claims that he drugged and raped him.

Path to Freedom

Former LA district attorney George Gascon urged LA County Superior Court Judge Michael Jesic to review the brothers’ convictions prior to leaving office in December.

He recommended a modified sentence of 50 years to life, which would make them eligible for parole since they were under 26 when their parents were killed.

The judge has been requested to assess whether the brothers have shown signs of rehabilitation based on their conduct in prison.

A document submitted by their lawyers showcases their accomplishments while incarcerated, such as obtaining multiple degrees and engaging in community contributions.

One example cited is a prison “beautification program” initiated by Lyle Menendez called GreenSpace. The document also indicates that both brothers have been assessed as low-risk, with Lyle reportedly not involved in any altercations during his incarceration.

The letter Erik sent to his cousin is also included as new evidence, as it was not available to the jury at the time of their sentencing in 1996 and might have influenced the outcome.

Roy Rossello has provided a formal declaration of his alleged assault by Jose Menendez to the brothers’ legal team, which they argue further substantiates claims of his abusive behavior.

At a recent press conference, Mr. Gascon clarified that the review does not aim to question whether the brothers killed their parents, as it is “factual” and “well established” that they did.

He also noted that over 300 individuals have been resentenced during his tenure as district attorney, with only four recidivists among them.

Why the Delay in the Hearing?

Judge Jesic stated that part of the reason for the delay was his need for time to examine 17 boxes of documents related to the case, as he was “not ready to proceed.”

It also results from the change in district attorneys, with Mr. Gascon succeeded by Nathan Hochman, who took office on December 2.

The judge indicated that the delay was meant to afford Mr. Hochman adequate time to assess the case and provide his input.

Mr. Hochman, an independent-leaning former Republican, has viewpoints that diverge from those of his predecessor, Mr. Gascon, who is known for his progressive stances.

The trial initially scheduled for late January was postponed to March due to California wildfires.

The two-day resentencing hearing has now been rescheduled to April 11, which will serve as a hearing to determine whether to uphold or withdraw Mr. Gascon’s proposed resentencing petition.

Depending on the court’s ruling, a resentencing hearing could follow on April 17-18.

Significant Changes Under New DA

LA’s former DA Gascon advocated for resentencing, believing the brothers had been rehabilitated and that their trial would have been approached differently with today’s context regarding the impact of abuse on children.

This provided the Menendez brothers with a glimmer of hope, as support from prosecutors often implies a “presumption” that the court will grant it, according to Laurie Levenson, a former federal prosecutor and law professor at Loyola Law School in Los Angeles.

However, Mr. Hochman has openly opposed resentencing, arguing that the brothers have repeatedly lied about their motives for killing their parents and “failed to take full responsibility” for their actions.

His office filed an 88-page brief urging the judge to retract the previous DA’s motion for resentencing.

This does not necessarily cancel the resentencing, but according to experts like Ms. Levenson, it substantially decreases the odds of the judge ruling in favor of the brothers.

Another Possible Route to Freedom

In addition to seeking resentencing, the brothers are also pursuing clemency from California Governor Gavin Newsom, who has the authority to grant their release.

Governor Newsom, supportive of Mr. Gascon’s initiatives, has stated he won’t make a decision until he has received insights from Mr. Hochman regarding the case.

“The governor respects the district attorney’s role in upholding justice, acknowledging that voters have entrusted District Attorney-elect Hochman with this responsibility,” stated Newsom’s office on November 25.

“The governor will defer any clemency decisions until the DA-elect conducts a review and provides his analysis on the Menendez case.”

Even with Mr. Hochman’s tilt against their release, the brothers’ hope for clemency from Governor Newsom persists.

At the end of February, the governor ordered the state parole board to assess whether the brothers pose a danger to the public.

This action was welcomed by the Menendez family’s attorneys, who noted in a statement: “While the family understands that the governor’s action does not guarantee a commutation of their sentences, it signifies the governor’s thoughtful decision to gather essential information to fairly evaluate whether Erik and Lyle deserve a chance at life beyond prison after 35 years.”

The governor aimed for the parole board to complete this risk assessment within 90 days. A hearing allowing participation from victims’ families and prosecutors is now expected to occur in June.

Ms. Levenson suggests that following the shift in the DA’s office, clemency may now represent the brothers’ best chance at freedom.

The Menendez Family’s Stance

Extended family members of the brothers attended a hearing on November 25, during which a resentencing date was initially established.

Two of their aunts presented emotional testimonies, described by a lawyer for the siblings as “impassioned pleas” to reunite Erik and Lyle with their family.

Erik’s stepdaughter indicated that their family remains united in their efforts to advocate for the brothers’ return.

While the judge’s delay was not the “outcome we had wished for,” she remarked in a statement, “We remain hopeful that it signifies progress toward securing their freedom.”

The brothers were slated to make their first court appearance in years, but technical difficulties disrupted the remote feed from their San Diego prison.

On October 17, numerous extended family members gathered for a news conference in Los Angeles, where Jose Menendez’s niece Anamaria Baralt expressed a collective bond of hope among both sides of the family.

“This is about truth, justice, and healing… Their continued incarceration holds no rehabilitative value,” she asserted.

Ms. Baralt stated that the brothers are victims of a “societal culture that was unprepared to listen,” urging the DA’s office to consider the full context of their situation.

Joan Andersen VanderMolen, sister to Kitty Menendez, told reporters, “I was entirely unaware of the extent of the abuse they endured at the hands of my brother-in-law. None of us had any idea.”

“We understand that abuse can have long-lasting effects, and trauma survivors often react in ways that are perplexing to comprehend.”

Divided Family Opinions

In contrast, Kitty Menendez’s brother, Milton Andersen, 90, has expressed that “the appropriate sentence” for the brothers should remain life in prison without parole.

His legal counsel has stated: “He believes no molestation occurred and asserts that the motive was pure greed, especially upon learning they would be removed from the will.”