Should evidence of sexual abuse set the Menendez brothers free? A judge will decide. : NPR

An Oct. 31, 2016 California Department of Corrections and Rehabilitation photo shows Erik Menendez, left, and a Feb. 22, 2018 California Department of Corrections and Rehabilitation photo shows Lyle Menendez.

AP/California Department of Corrections and Rehabilitation

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AP/California Department of Corrections and Rehabilitation

LOS ANGELES – A judge will decide Monday whether new evidence warrants a retrial of the convictions of Erik and Lyle Menendez in the shotgun murders of their parents in their Beverly Hills home more than 30 years ago.

The brothers were found guilty of murdering Jose and Kitty Menendez in 1989 and sentenced to life in prison without parole. While their defense lawyers argued during the trial that they had been sexually abused by their father, prosecutors denied it and accused them of killing their parents for money. In the years that followed, they repeatedly appealed their sentences without success.

Now, as 53 and 56, Erik and Lyle Menendez give a new bid for freedom. Their lawyers filed a habeas corpus petition – a request for a court to investigate whether someone is being lawfully detained – in May 2023, asking a judge to consider new evidence of their father’s sexual abuse. “Newly discovered evidence directly supports the defense presented at trial,” the petition states.

The recent releases of the Netflix drama “Monsters: Lyle and Erik Menendez Story” and the 2024 documentary “The Menendez Brothers” brought renewed public attention to their plight. Members of the public will have the opportunity to win a seat in the courtroom to catch a glimpse of the brothers, who will appear virtually.

Prosecutors recommended last month that the brothers be sentenced for restitution, saying they have worked for redemption and rehabilitation and displayed good behavior in prison.

Los Angeles District Attorney George Gascón held a press conference less than two weeks before Election Day and asked for new sentences of 50 years to life. This could make them immediately eligible for parole because they were less than 26 years old when they killed their parents.

Superior Court Judge Michael Jesic is scheduled to consider the writ petition on Dec. 11, but on Monday he will first address the evidence of abuse raised in the habeas petition. Instant freedom is a possible outcome; the judge can also weigh the merits of the evidence. And if the brothers don’t get relief in court, they can hope that California’s governor will grant them clemency.

The new evidence includes a letter Erik Menendez wrote in 1988 to his uncle Andy Cano, detailing the sexual abuse he suffered from his father. The brothers asked their lawyers about it after it was mentioned in a 2015 Barbara Walters television special. The lawyers had not known about the letter and realized it had not been introduced during their trials, making it new evidence. which they say confirms claims that Erik was sexually abused by his father.

More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward and said he had been drugged and raped by Jose Menendez, the boys’ father, when he was a teenager in the 1980s. Menudo was signed to RCA Records, where Jose Menendez was the operations manager.

Rossello spoke about his abuse on the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” and provided a signed statement to the brothers’ lawyers.

Had these two pieces of evidence been available at the brothers’ trial, prosecutors would not have been able to argue that there was no corroboration of sexual abuse or that their father Jose Menendez was not “the kind of man who would” abuse children , the petition claims.

While clemency may be another path to freedom for the brothers, California Gov. Gavin Newsom said last week that he will not decide until incoming Los Angeles District Attorney Nathan Hochman reviews the case. Hochman, a Republican-turned-independent who ousted progressive Gascón on Dec. 2, has said he wants to take a close look at the evidence before making any decisions.