The Menendez brothers, who were convicted of killing their parents in their Beverly Hills mansion in 1989, will have to wait until next year to find out if they can be released from prison.
Lyle Menendez, 56, and his 53-year-old brother Erik are serving life in prison without parole for the shotgun murders of their father and mother – Jose and Kitty Menendez.
The brothers have maintained their parents abused them since they were first charged with the murders.
A Netflix drama series about the brothers called Monsters, which aired in September, thrust them back into the spotlight and led to renewed calls for their release – including from their family.
The brothers’ lawyers asked Los Angeles prosecutors to review their sentencing, potentially paving the way for their release.
A decision was expected in a resentencing hearing scheduled for 11 December this year, but on 25 November LA County Superior Court Judge Michael Jesic postponed it until 30 January, meaning the brothers will spend at least one more Christmas in prison.
But what is the case for the brothers’ freedom, is there new evidence – and why has the decision been delayed?
An old defence with new evidence
The Menendez brothers, who were 21 and 18 at the time their parents died, admitted shooting them before they were found guilty of first-degree murder and conspiracy to murder in 1996.
But they claim they killed them in self-defence after enduring physical, emotional and sexual abuse over many years, including being molested by their father.
Prosecutors at the time contended there was no evidence of any sexual abuse. They said the brothers were after their parents’ multimillion-dollar estate.
The jury in their first trial in 1993 was deadlocked before the jury in their second trial found them guilty, rejecting a death sentence in favour of life without parole.
Erik Menendez, left, and his brother, Lyle, sit in the courtroom in 1992. Pic: AP
But their lawyers argue that because of society’s changing views on sexual abuse, the brothers may not have been convicted of first-degree murder and sentenced to life without parole today.
They say they should have been charged with manslaughter rather than murder, but this was not an option for the jury during the second trial.
The brothers’ defence team has also uncovered a letter that Erik Menendez wrote to his cousin which is dated months before the murders, which they say alludes to him being abused by his father.
Read more:
Kim Kardashian visits Lyle and Erik Menendez in jail
Netflix series star ‘stands with’ Menendez brothers
Monsters creator reacts after Menendez family label drama ‘grotesque’
LA district attorney (DA) George Gascon briefly shared the letter to his Instagram page before deleting the post.
In the handwritten letter, Erik wrote: “I’ve been trying to avoid dad… every night, I stay up thinking he might come in.”
He also said he was “afraid” and that he needed to “put it out of my mind” and “stop thinking about it”.
Roy Rossello, a former member of the band Menudo, also spoke out in the Peacock documentary series Menendez + Menudo: Boys Betrayed, alleging he was sexually assaulted by Jose Menendez as a teenager in the 1980s.
The band was signed under RCA Record at the time, where Jose Menendez was chief operating officer, and Mr Rossello claims he drugged and raped him.
How can they be freed?
LA district attorney George Gascon asked Judge Michael Jesic to review their convictions.
He has recommended giving them a revised sentence of 50 years to life, which could make them immediately eligible for youth parole because they were less than 26 years old when they killed their parents.
Joseph Lyle Menéndez and Erik Galen Menéndez. Pics: Richard J. Donovan Correctional Facility
The judge has been asked to look at whether the pair have been rehabilitated, based on their behaviour in prison.
A document filed by the lawyers highlights some of their achievements while behind bars, including both attaining several degrees and contributing to the community.
It lists a prison “beautification programme” Lyle Menendez started called GreenSpace as one example, and adds that both brothers have received low-risk assessment scores, with Lyle apparently not being involved in a single fight during his time in jail.
The lawyers have also submitted the letter Erik wrote to his cousin as new evidence, saying it was not seen by the jury when the brothers were sentenced in 1996 and could have influenced their decision.
Roy Rossello has also provided a signed declaration of his alleged rape by Jose Menendez to the brothers’ lawyers, which they say is further proof of his supposed abusive nature.
If the court rules in their favour on the new evidence but not on the brothers’ rehabilitation, it could lead to a retrial.
In a news conference, Mr Gascon clarified that the review was not to determine whether or not the brothers killed their parents, saying it was “factual” and “well established” that they had.
He also said more than 300 people had been resentenced during his term as district attorney and that only four had gone on to reoffend.
Why has the hearing been delayed?
Judge Jesic said it was partially because he needed time to review 17 boxes of documents relating to the case and was “not ready to go forward”.
But it’s also because the DA who recommended the review, Mr Gascon, is being replaced by Nathan Hochman, who takes office on 2 December.
The judge said the delay should give Mr Hochman enough time to review and weigh in on the case.
The new DA, a Republican-turned-independent, may have differing views to his predecessor Mr Gascon, a Democrat known for his particularly progressive views.
Mr Hochman said the delay will give him time to “review the extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult with prosecutors, law enforcement, defence counsel and victim family members”.
In addition to a resentencing, the brothers have also sought their freedom through a request for clemency from California governor Gavin Newsom, who has the power to free them himself.
But Mr Newsom, who supported Mr Gascon, has ruled out making a decision until he has heard Mr Hochman’s views on the brothers’ case.
“The governor respects the role of the district attorney in ensuring justice is served and recognises that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” Mr Newsom’s office said in a statement on 25 November.
“The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”
What the Menendez family says
Some of the brothers’ extended relatives attended the hearing on 25 November.
Family members of Erik and Lyle Menendez and their attorneys speak after hearing on 25 November. Pic: AP
Two of their aunts testified, making what a lawyer for the siblings described during a brief news conference as “impassioned pleas” for Erik and Lyle to be sent home.
Erik’s stepdaughter said that their family remains united in their effort to bring the siblings home.
While the judge’s delay was not “the outcome we had hoped for,” she said in a statement, “we remain optimistic that it represents a step forward in securing their freedom”.
The brothers themselves were scheduled to make their first court appearance in years, but the remote feed from the San Diego prison where they are incarcerated was hampered by technical issues.
On 17 October, two dozen extended family members gathered for a news conference in Los Angeles.
Jose Menendez’s niece Anamaria Baralt spoke on their behalf, telling reporters: “Both sides of the family are united, sharing a new bond of hope.
“This is about truth, justice and healing… Their continued incarceration serves no rehabilitative purpose.”
Anamaria Baralt speaks at the family’s news conference. Pic: Reuters
Ms Baralt said the brothers were victims of a “culture that was not ready to listen”, as she called on the district attorney’s office to “take into account the full picture”.
Joan Andersen VanderMolen, Kitty Menendez’s sister, also told reporters: “I had no idea the extent of the abuse they suffered at the hands of my brother-in-law. None of us did.
“We know that abuse has long effects, and victims of trauma sometimes act in ways that are very difficult to understand.”
Family not entirely united
Kitty Menendez’s brother, Milton Andersen, 90, has said “the appropriate sentence” for the pair was life in prison without parole.
His lawyer said: “He believes that there was no molestation that occurred. He believes that the motive was pure greed, because they had just learned that they were going to be taken out of the will.”
Have the brothers reacted to the review?
Erik’s wife Tammi Menendez has commented on his behalf on social media, writing on X: “We truly value the support we’ve received following the District Attorney’s statement. We hold onto hope that this November will bring the resolution we have all been wishing for. We would deeply appreciate your ongoing prayers as we await their official response.”
After the family’s news conference, she added: “Erik feels deeply grateful and profoundly humbled by the overwhelming outpouring of love and support from his family today. Their belief in him and encouragement, care, and understanding mean more to him than words can express.”
One of the most recent X posts from Mrs Menendez, who regularly updates supporters of the brothers online, reads: “Set them free before the holidays!”
