District Attorney’s Take on New Evidence from Menendez Brothers: Staying Open-Minded

In 1989, Lyle (21) and Erik Menendez (18) confessed to killing their parents, José and Kitty Menendez, in their Beverly Hills home. They claimed their actions stemmed from fear that their father was about to silence them over allegations of long-term abuse against Erik, with the brothers shooting their parents a total of 14 times.

Los Angeles District Attorney George Gascón commented on the differing opinions within his office regarding the Menendez brothers’ case: “Some think they shouldn’t get relief, while others see merit in it.” Currently, he has decided to investigate new evidence for potential habeas corpus or resentencing for the brothers, with a hearing set for November 29.

California Menendez Brothers Case

Julie Markes/AP Photo

At their first trial in 1993, juries couldn’t reach a verdict, leading to a retrial in 1995. Initially, Lyle and Erik blamed the mob, but the circumstances pointed to a deeply personal motive.

Option One: Habeas Petition

The brothers’ legal team, consisting of Mark Geragos and Bryan Freedman, has proposed two routes: a habeas petition or resentencing. A habeas petition serves as a legal challenge to the lawfulness of a person’s imprisonment.

California-LA District Attorney

Ethan Swope/AP Photo

“They filed a habeas petition, which could lead to various outcomes, including potential release,” Gascón noted, emphasizing new evidence now being presented to the court.

Geragos remains optimistic about the petition’s prospects, stating, “The evidence we’ve found supports a case for resentencing.”

California Menendez Brothers Case

Jaimie Ding/AP Photo

New Evidence Surfaces

A significant piece of evidence includes a letter from Erik to his cousin, revealing ongoing sexual abuse by their father, which was found by journalist Robert Rand while researching the Menendez case.

Moreover, testimonials from former Menudo member Roy Rossello have surfaced, alleging he was also abused by José Menendez, adding further complexity to the case.

Menendez Brothers Trial

IMDb

Rand’s updated book discusses the connections between José Menendez and Menudo, especially in light of new allegations revealed in the recent documentary Menendez + Menudo: Boys Betrayed.

Menendez Brothers

Robert Rand

In the documentary, Rossello detailed two incidents of abuse by José Menendez, one occurring in a hotel suite after a Menudo concert.

Option Two: Resentencing

Gascón also mentioned potential resentencing for the Menendez brothers, citing their rehabilitation efforts after 35 years in prison. “They’ve complied with rehabilitation programs and mentorship roles,” he said, explaining that any decision would not indicate trial errors but rather their readiness for a second chance.

Roy Rossello of Menudo

Ralph Dominguez

The November 29 hearing will reveal the DA’s stance on the brothers’ legal claims.

The Menendez brothers, now married while incarcerated, await the court’s decision that will determine their future.

Netflix’s new documentary aired on October 7, showcasing Erik and Lyle’s perspectives on their infamous trial and the ongoing narrative surrounding their past.

For nearly three decades, Erik and Lyle have remained silent, but now they revisit their narrative from prison, shedding light on the complexities of their situation.

Adding to the dynamics, Kim Kardashian has called for their release, asserting they are “not monsters” and emphasizing the changed societal views on sexual abuse compared to their original trials.

Kardashian highlighted that had their case occurred today, the handling would likely differ dramatically, stressing the need for justice and fairness in their long-standing legal battle.

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