Brothers Lyle and Erik Menendez, whose conviction for killing their parents came after one of the most lurid trials of the 1990s, are having their case revisited in light of new evidence, prosecutors said.
Nearly two dozen of the brothers’ family members and their defense attorney will be holding a press conference on Oct. 16 in front of the Clara Shortridge Foltz Criminal Justice Center in Los Angeles, the family announced on Monday.
Mark Geragos, the brothers defense attorney, told Los Angeles’ KNBC station on Tuesday that the two were feeling “cautiously optimistic” that new evidence would have a positive impact on their case.
The family press conference comes in the wake of Los Angeles County District Attorney George Gascón announcing on Oct. 3 that his office will review what he said is new evidence alleging the brothers were sexually abused by their father. The two were convicted for the 1989 killing of Jose and Kitty Menendez in the family’s Beverly Hills mansion.
Multiple nieces and nephews of Kitty and Jose Menendez are scheduled to be in attendance at the press conference in Los Angeles on Oct. 16.
The prosecutor’s review opens the door for a possible reevaluation of the brothers’ prison sentences, as well as the chance that they could be re-tried or even released.
The latest development comes as the brothers’ story is the subject of the hit Netflix series “Monsters: The Lyle and Erik Menendez Story,” which has brought renewed spotlight to their story.
The siblings’ quest to have their convictions vacated is also gaining momentum, with entertainment figures like Kim Kardashian and television mogul Ryan Murphy advocating for their release from prison or speculating that it will happen in the coming months.
Here’s what to know about the latest update in the case.
Will the Menendez brothers have their life sentences vacated?
At a press conference on Oct. 3, Gascón said prosecutors have the discretion to determine whether inmates could be resentenced after examining new evidence in their cases.
He added that incarcerated people could potentially “walk out based on what the court decides,” suggesting the possibility exists that the Menendez brothers could go free upon review of their case.
“I’m keeping an open mind,” he said. “We have people in the office that are looking at this very carefully, very experienced lawyers that are looking at this.”
Lyle Menendez, 56, and Erik Menendez, 53, both have been serving life sentences without parole since being convicted in 1996.
“Until we get there, we’re not sure yet which direction this will go,” Gascón said.
What is the new evidence prosecutors are reviewing?
A copy of a letter allegedly sent by Erik Menendez in 1988 and an affidavit from a former member of the 1980s boy band Menudo accusing Jose Menendez of rape are among the potential new pieces of evidence, according to Gascón.
The former member of Menudo, Roy Rosselló, also alleged in the Peacock documentary “Menendez + Menudo: Boys Betrayed” that he was molested by Jose Menendez when Menendez was the head of RCA Records.
In their first trial in 1993, the brothers said they killed their parents because their father had been sexually abusing them for years. Prosecutors countered that they shot their parents to death so they could inherit their substantial fortune.
After the televised proceedings ended in a mistrial due to deadlocked juries, the two were convicted at a second trial.
The brothers have continued to insist they were sexually abused by their father. They included possible evidence in a writ of habeas corpus they filed from prison last year asking the court to vacate their conviction, according to Gascón.
Why is the Menendez brothers’ case receiving so much attention now?
The case has returned to the headlines following the release of the scripted show “Monsters: The Lyle and Erik Menendez Story” on Netflix.
Gascón said at the press conference that the decision to look at new evidence in the case was not related to the Netflix show, according to the Los Angeles Times.
Actor Cooper Koch, who portrays Erik Menendez on the show, said on TODAY on Sept. 26 that he was able to meet Menendez in person along with other inmates at the Richard J. Donovan Correctional Facility outside of San Diego. The meeting was set up by Kim Kardashian.
“I got to basically just tell him that I believe him, and I did everything that I could in my power as an actor to portray him as accurately and as authentically as possible,” Koch said about Erik Menendez.
However, the Menendez family has called the Netflix show “grotesque” and a “serial episodic nightmare” in its depiction of the brothers. Erik Menendez’s wife slammed it as a “dishonest portrayal.”
In an interview with People, “Monsters” producer Ryan Murphy responded by calling the family’s response “faux outrage” and said the show is “the best thing that has happened to the Menendez brothers in 30 years” because it brought a renewed spotlight to their case.
Murphy has also become a surprising advocate for the brothers’ release.
“We gave them their moment in the court of public opinion. Basically, we did give them a platform,” Murphy told Variety on Oct. 3. “I think they can be out of prison by Christmas. I really believe that.”
Kardashian has also become a force pushing for them to be freed. The reality star and fashion mogul, who in recent years has become an advocate for criminal justice reform, wrote an essay for NBC News on Oct. 3 saying it’s time for the Menendez brothers to be released.
“I have spent time with Lyle and Erik; they are not monsters. They are kind, intelligent, and honest men,” she wrote.
Kardashian also noted that at the time of the trials in the 1990s the view of victims of sexual abuse, particularly boys, was often “clouded by preconceived judgments and homophobia,” and support systems and resources for survivors were sparse.
While Kardashian wrote that the killings are “not excusable,” she doesn’t believe that “spending their entire natural lives incarcerated was the right punishment for this complex case.”
What’s next in the case?
A hearing is scheduled for Nov. 26, but Gascón did not give a timeline of how long it will take to examine the new evidence.
“We’re not at this point ready to say we believe or do not believe that information,” Gascón said at the press conference. “But we’re here to tell you that we have a moral and ethical obligation to review what is being presented to us and make a determination.”
Cliff Gardner, an attorney for the Menendez brothers, expressed optimism about the development.
“They’re obviously looking at it closely, which is great,” he told the Los Angeles Times. “I’m encouraged by it because I think that anyone that takes a look at that evidence is going to walk away with the understanding those boys were molested as children.”
This article was originally published on TODAY.com
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