Two brothers who were convicted of murdering their parents in a case that shook the American nation more than thirty years ago are close to being granted parole.
The Los Angeles County District Attorney recommended that Erik and Lyle Menendez be sentenced by a jury because new evidence warrants a review.
The murder of Kitty and Jose Menendez in 1989 in their Beverly Hills mansion has been a sensation in the US for years, recently inspiring a popular Netflix series.
For the brothers to be freed, a judge would have to agree to that recommendation and the parole board would have to approve their release.
Erik Menendez, 53, and Lyle Menendez, 56, are currently serving life in prison without parole in California.
The case centered on their murder case, where their parents were shot 13 times while watching television.
“I believe my brothers were going through a lot of trouble at home and being abused,” said George Gascón, LA County’s chief prosecutor, on Thursday.
He added that, although there is no excuse for the murder, “I believe that they have paid their debt to society”.
During their criminal trials in the 1990s, prosecutors painted the brothers as rich kids who planned to kill for their parents’ profits.
But their lawyers argued that the brothers were victims of years of emotional, physical and sexual abuse and were only acting in self-defense.
The announcement by Mr Gascón – who is facing an uphill battle for re-election – follows new evidence in a trial related to claims of sexual abuse.
The new evidence was a letter from Erik Menendez to another family member that appears to be from 1988 and describes alleged abuse by his father, Jose.
Another testimony comes from a member of the Puerto Rican boy band Menudo at the time. The band member alleges that Jose Menendez, who was working as an executive at the RCA record company at the time, drugged and raped her during a visit to Menendez’s home.
The case began on August 20, 1989 when the brothers – who were 18 and 21 years old at the time – called the police to report that they had found the bodies of their parents when they returned home.
Will the Menendez brothers walk free?
Mr. Gascón said his office plans to file a recommendation for re-sentencing in court on Friday. It will contain information and evidence that contradicts the lesser sentence.
A hearing will be scheduled in the next 30-45 days where a judge will consider and hear arguments regarding their release. Brothers can also be there.
The hearing is likely to be divisive.
Mr. Gascón noted that members of his staff may oppose him in court.
Kitty Menendez’s brother, Milton Andersen, criticized the district attorney for playing politics.
If the parole board approves their release, California Gov. Gavin Newsom could still reject it.
The Mendez brothers filed a motion in May 2023 detailing new evidence in their case and asking that their charges be dismissed.
The decision was announced 12 days before Mr Gascón faces a tough re-election but he denied that his announcement was political and said it had been a long time coming.
“It’s really a perfect storm of PR and politics,” Neama Rahmani, a defense lawyer and former federal prosecutor, told the BBC.
“You won’t see another case like this. It’s a unicorn.”
Kim Kardashian thanked Mr Gascón for “righting a big mistake” in her Instagram story on Thursday.
He said the case “highlights the importance of challenging decisions and seeking the truth”.
What do the Mendez brothers do?
Jose and Kitty Menendez were found dead in their Beverly Hills mansion after being shot 13 times in August 1989.
Their sons – Erik and Lyle – called the police, telling authorities that they had arrived home to find their parents dead.
The brutal nature of the crime led authorities to believe it may have been a mob.
But the brothers came under scrutiny for their behavior – spending a lot of money including buying Rolex watches, gambling and partying.
Their confession to their psychiatrist was their turning point. The doctor’s girlfriend audio recorded them confessing and reported it to the law enforcement.
In March 1990, the brothers were charged by the police. They went to court in 1993 and the brothers admitted that they had killed but said they did it in self-defense.
They describe years of emotional, physical and sexual abuse – by their father, Jose, who became a Hollywood film executive.
Lyle and Erik testified that they had confronted their parents about the sexual abuse and things had gotten so bad that they believed their parents were planning to kill them.
Family members testified about the abuse they witnessed but none claimed to have witnessed it themselves.
Prosecutors say their motive was money – namely their parents’ $14m (£10.8m).
They painted the brothers as spoiled sons who thought they could get away with anything.
Their first case ended in a mistrial, but a second one in 1995 resulted in their conviction for murder.
Source link
