District Attorney George Gascón Discusses New Developments in the Menendez Brothers’ Case
In an exclusive interview with Newsweek, Los Angeles County District Attorney George Gascón shed light on the ongoing Menendez brothers’ case, following the emergence of new evidence that could pave the way for justice for Lyle and Erik Menendez. In a shocking incident back in 1989, the brothers, then aged 21 and 18, respectively, confessed to fatally shooting their parents, José and Kitty Menendez, fearing for their own lives amid allegations of long-term sexual abuse by their father.
Gascón revealed that his office is currently examining a significant 1988 letter written by Erik to his cousin, detailing the abuse he suffered at the hands of José Menendez. Additionally, the case has gained further complexity with a statement from a former Menudo member who alleges he, too, was a victim of sexual assault by José.
“There are differing opinions within my office—some feel the brothers should never receive any leniency, while others advocate for their chance at justice,” Gascón explained. He emphasized his commitment to a meticulous investigation of the new evidence regarding their habeas corpus petitions and their potential for rehabilitation in the context of resentencing.
While Gascón has yet to reach a definitive conclusion, a hearing is set for November 29, where he will approach the case with an open mind and a commitment to fairness.
The Menendez Brothers’ Trial and Legal Options
In a pivotal moment during their 1991 trial in Beverly Hills, Erik Menendez, flanked by his attorney Leslie Abramson and his brother Lyle, initially pointed fingers at organized crime due to their father’s ties as a prominent entertainment executive. However, the gruesome nature of the killings indicated a more deeply personal and emotionally charged motive.
The first trial of the Menendez brothers began in 1993 but ended with deadlocked juries, unable to reach a consensus on whether the brothers were guilty of murder or acted out of fear. This impasse resulted in a mistrial, setting the stage for a subsequent trial in 1995.
Option One: Habeas Petition
District Attorney Gascón revealed that the brothers’ legal team, including attorneys Mark Geragos and Bryan Freedman, is considering two potential avenues: a habeas petition or a resentencing.
A habeas petition serves as a legal mechanism through which individuals can challenge the validity of their detention or imprisonment. This fundamental right enables a person to seek relief from unlawful confinement by arguing that their detention infringes upon their constitutional rights. Typically, the petition is filed with a court to evaluate whether the individual’s detention adheres to legal standards and is lawful.
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New Developments in the Menendez Brothers’ Case
During a candidate forum in Los Angeles on September 29, 2024, District Attorney George Gascón addressed the Menendez brothers’ case, indicating that if new evidence emerges that could have impacted the original trial verdict, it may warrant a review. “They filed a habeas petition, and the outcome could lead to a release or a new trial, among other possibilities,” Gascón explained. He noted that the brothers’ attorneys claim to have uncovered new evidence not presented to the jury.
Attorney Mark Geragos expressed optimism about their habeas corpus petition. “In my opinion, the evidence is substantial enough,” he stated, adding that he believes the brothers should be resentenced.
Emerging Evidence
Gascón revealed that one key piece of new evidence is a letter written by 17-year-old Erik Menendez to his 15-year-old cousin, Andy Cano, nine months before the murders. In this letter, Erik confided about the ongoing sexual abuse by their father, José Menendez.
Investigative journalist Robert Rand, who published The Menendez Murders: The Shocking Untold Story of the Menendez Family and the Killings that Stunned the Nation in 2018, uncovered this significant letter. During his final interviews with the Menendez brothers’ aunt, Marta Cano, she mentioned that her son had a collection of documents for review. Rand recounted, “Within 15 minutes, I found this letter and thought, ‘Oh my God, this could be major evidence that impacts the case.’ I personally handed the letter to Cliff Gardner in California.”
Tragically, Andy Cano passed away from an accidental overdose in 2003. Rand had established a strong connection with the family, which led to him discovering the letter during a visit to Cano’s home in West Palm Beach. In the letter, Erik expressed his distress: “I’ve been trying to avoid Dad. It’s still happening, Andy, but it’s worse for me now. I can’t explain it. I never know when it’s going to happen, and it’s driving me crazy.”
In addition to Erik’s letter, Gascón mentioned a second piece of evidence from Roy Rossello, a former member of the Puerto Rican boy band Menudo. Rossello alleged that he was also molested by José Menendez when he was just 14 years old. Menudo, famous in the late 1970s and 1980s for its catchy pop songs and energetic performances, was a significant force in Latin pop music.
Rand highlighted Rossello’s claim that José Menendez sexually molested him during a backstage encounter at Radio City Music Hall in 1985. This allegation adds further complexity to the case and has been included in the habeas petition.
Option Two: Resentencing
Gascón explained that, under California law, a prosecutor can request a resentencing if it can be shown that an individual has been rehabilitated. This involves demonstrating engagement in positive activities within the prison system that indicate readiness for reintegration into society. “The two young men have spent 35 years in prison. They have allegedly complied with all requirements, including attending college and mentoring others,” Gascón noted. “The question is whether to continue their incarceration or give them another chance.”
If resentencing is pursued, Gascón clarified, “We’re not claiming anything went wrong in the trial. We simply assert that they have paid their dues, leaving it up to the court to decide.”
Next Steps for the Menendez Brothers
A hearing scheduled for November 29 will determine whether the District Attorney’s Office will support or oppose the claims made by the brothers’ attorneys. Gascón indicated that the court will ultimately decide the fate of the Menendez brothers, who continue to navigate their legal battles from prison.
Both brothers were transferred to the same housing unit at R.J. Donovan Correctional Facility in San Diego after initially being separated. They have both found companionship while incarcerated; Erik has been married since 1999, and Lyle has remarried after a previous marriage.
On October 7, Netflix plans to release a new documentary featuring Erik and Lyle Menendez, in which they recount their experiences from the Donovan Correctional Facility. This documentary follows the Netflix series Monsters: The Lyle and Erik Menendez Story, created by Ryan Murphy, which premiered on September 19 and has garnered significant attention.
In a statement shared by his family, Erik expressed disappointment over what he perceives as a misleading portrayal in the Netflix series. He criticized the narrative crafted by Ryan Murphy, suggesting it misrepresents the tragic events surrounding their parents’ murders.
Calls for Justice
Prominent figures, including Kim Kardashian, have spoken out in support of the Menendez brothers. In an essay for NBC News, Kardashian argued for their release, asserting that they are “not monsters” but rather “kind, intelligent, and honest men.” She emphasized that societal understanding of sexual abuse has evolved and that had the trials occurred today, the outcome might have been markedly different.
Geragos remarked on how society’s changing views on abuse could have influenced legal proceedings, stating, “If these had been two sisters, I believe they would not be in custody now, nor would they have been convicted of murder.”
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