As a result of new evidence and renewed interest in the case, the Menendez brothers may have a chance at a retrial.
35 years ago, Erik and Lyle Menendez entered their parents’ Beverly Hills mansion, and killed them, firing 16 fatal shots combined. They were found guilty of first-degree murder and sentenced to prison without parole for the murders.
Last year, the brothers’ lawyers filed a habeas corpus petition, asking for a resentencing. George Gascon, LA District Attorney, stated his office was reviewing the case.
Amidst the new true-crime movie about the Menendez brothers, the case has come back into the limelight and the increasing publicity may be working in their favor.
During their first trial, the brothers’ lawyers stated that they killed their parents after enduring years of physical, emotional, and sexual abuse. Prosecutors argued that the accounts of abuse were lies. The judge then prohibited lawyers from using the “abuse excuse”.
The first trial ended with the two juries deadlocked, one jury for deliberating each brother.
With the arrival of new evidence coming to light, many have been casting doubt on the result of the case. Former member Roy Rosselló, from a boy band known as Menudo revealed Jose Menendez sexually assaulted him at 14 years old. Menudo had a contract with RCA Records, where the Menendez brothers’ father worked as an executive.
Robert Rand, author of book “The Menendez Murders” uncovered letters from Erik Menendez detailing sexual abuse to his cousin Andy Cano, a little less than a year before the murders. In the letter, Erik writes, “I’ve been trying to avoid dad. It’s still happening, Andy, but it’s worse for me now. … Every night I stay up thinking he might come in. … I’m afraid … He’s crazy. He’s warned me a hundred times about telling anyone, especially Lyle.”
Prosecutors have been considering new evidence and whether it would have affected the outcome, had it been available at the time.
However, despite public opinion, the court maintains the final say.
Celebrity criminal defense lawyer Mark Geragos who once represented some of the biggest names in Hollywood: Winona Ryder, Chris Brown, Kesha, Micheal Jackson says, “I think we’re at a point now where any reasonable person taking a look at this case believes they should be out.”
Kitty’s sister, Joan VanderMolen offers her own thoughts on the Menendez brothers’ fates, stating, “They were just children — children who could’ve been protected and were instead brutalized in the most horrific ways,” VanderMolen said. “The world was not ready to believe that boys could be raped or that young men could be victims of sexual violence. Today we know better. We know that abuse has long-lasting effects and victims of trauma sometimes act in ways that are very difficult to understand.”
The next court hearing day is November 26.