Los Angeles County District Legal professional George Gascón spoke to Newsweek concerning the high-profile Menendez brothers’ case, following the invention of recent proof that would supply the brothers an opportunity at justice.
Lyle, who was then 21, and Erik, then 18, admitted they shot their Hollywood govt father and mom as a result of they feared their dad and mom have been about to kill them to stop the disclosure of the daddy’s alleged long-term sexual molestation of Erik. The brothers shot their father, José Menendez, and their mom, Kitty Menendez, a complete of 14 instances throughout an assault inside their Beverly Hills dwelling in 1989.
Gascón instructed Newsweek his workplace is presently reviewing a 1988 letter written by Erik Menendez to his cousin concerning the alleged sexual abuse he endured by his father. The brand new proof additionally features a assertion from a former Menudo member who claims he was additionally sexually assaulted by Jose Menendez.
“There are individuals in my workplace who imagine they need to by no means get any reduction, and others who imagine they need to,” Gascón stated. “I’ve now determined we’ll undergo an intensive means of investigating each the brand new proof for habeas and whether or not they have been rehabilitated for resentencing.”
Whereas Gascón has not but decided an final result, a listening to is scheduled for November 29. However the district lawyer stated he has a “full open thoughts.”
Julie Markes/AP Photograph
Initially, the brothers blamed the mob attributable to their father’s connections as a excessive profile leisure govt, however the brutal nature of the crime prompt a extra private and emotionally pushed motive.
Within the first Menendez brothers’ trial, which started in 1993, Lyle and Erik Menendez the trial ended with two deadlocked juries, unable to agree on whether or not the brothers have been responsible of homicide or acted out of concern. This led to a mistrial and set the stage for a second trial in 1995.
Choice One: Habeas Petition
Gascón stated the brothers’ attorneys, Mark Geragos and Bryan Freedman, are presenting two choices: a habeas petition or a resentencing.
A habeas petition is a authorized motion by which an individual can problem the legality of their detention or imprisonment.
It’s a basic proper, permitting a person to hunt reduction from illegal imprisonment by arguing their detention violates their constitutional rights. The petition is often filed with a court docket to assessment whether or not the particular person’s detention is lawful and whether or not they’re being held in accordance with authorized requirements.
Ethan Swope/AP Photograph
Gascón instructed Newsweek beneath the regulation, if somebody thinks there’s new proof that wasn’t proven through the trial, and if this proof might have modified the jury’s or court docket’s determination, they could have grounds for a assessment.
“They filed a habeas petition, and the result might result in a launch or a brand new trial, amongst different prospects,” Gascón stated. “The attorneys on this case allege that there are new objects that weren’t offered to the jury.”
Geragos is hopeful there might be a good ruling on their habeas corpus petition.
“In my thoughts, it [the evidence] clearly is sufficient,” Geragos stated. “I believe they need to be resentenced.”
Jaimie Ding/AP Photograph
New Proof Emerges for Menendez Brothers
Gascón revealed the primary piece of new evidence is a letter. Within the letter, written 9 months earlier than the ugly murders, 17-year-old Erik Menendez confided in his 15-year-old cousin concerning the ongoing sexual abuse by his father.
Investigative journalist and writer Robert Rand instructed Newsweek he uncovered this groundbreaking proof.
Rand revealed his guide, The Menendez Murders: The Stunning Untold Story of the Menendez Household and the Killings that Shocked the Nation, in 2018.
The closing chapter of Rand’s guide incorporates a revealing letter from Erik to his late cousin, Andy Cano. Throughout his closing interviews with with the Menendez brothers’ aunt Marta Cano, she stated her son had a dresser filled with papers if he wished to assessment them.
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“Inside quarter-hour, I discovered this letter and I used to be like ‘Oh my God, that is doubtlessly main proof that would have a critical affect on the case.’ I actually hand carried the letter out to Cliff Gardner in California.”
Andy Cano, who testified in each of the brothers’ trials, tragically died from an unintended overdose involving sleeping drugs in 2003. Having constructed a powerful rapport with the household and uncovering vital insights into their story, Rand was invited to satisfy with Cano at her dwelling in West Palm Seashore the place he discovered the letter.
Rand shared an excerpt of the letter:
“I have been attempting to keep away from dad. It is nonetheless occurring Andy however its worse for me now. I can not clarify it. He so chubby that I cant stand to see him. I by no means know when it may occur and it is driving me loopy. Each night time I keep up considering he may are available in. I must put it out of my thoughts. I do know what you stated earlier than however I am afraid. You simply do not know dad like I do. He is loopy! He is warned me 100 instances about telling anybody.”
Robert Rand
Gascón stated the second piece of proof uncovered got here from Roy Rossello, a former member of Menudo, who alleged he was additionally molested by José Menendez when he was 14-year-old.
Menudo is a Puerto Rican boy band gaining fame within the late Nineteen Seventies and Nineteen Eighties. Identified for its catchy pop songs and energetic performances, the group featured a rotating lineup of younger male singers, permitting members to go away as they aged out of the group.
Menudo turned an influential drive in Latin pop music and helped launch the careers of a number of artists, together with Ricky Martin. The band’s reputation prolonged past Puerto Rico, attaining success in Latin America and the United States.
Menudo signed with RCA Information in 1983, the place José served because the chief working officer.
In an up to date version of Rand’s 2018 guide, launched in September, the connection between José Menéndez and Menudo is addressed. This story, together with new proof, was revealed when Peacock premiered the documentary Menendez + Menudo: Boys Betrayed in Could 2023, which Rand and his reporting associate Nery Ynclan produced.
Ralph Dominguez
Within the documentary, Rand stated Rossello claimed he was abused by José Menendez on one event. Nevertheless, Rossello claims one other incident occurred, as detailed within the habeas petition.
“He acknowledged Menudo carried out at Radio City Music Hall in 1985, the place José Menéndez got here backstage and sexually molested him earlier than and after the live performance,” Rand stated. “José then took him to an RCA Information suite on the Waldorf Astoria Resort, the place he raped him all night time.”
Choice Two: Resentencing
Gascón instructed Newsweek, beneath California regulation, a prosecutor can request a court docket to resentence a person whether it is decided an individual has been rehabilitated. This entails demonstrating they’ve engaged in numerous actions inside the jail system indicating they’re able to reintegrate into the group or have their sentence lowered.
“The 2 younger males have spent 35 years in jail. They’ve allegedly executed all the pieces they have been requested to do, together with going to school and dealing as mentors for others,” Gascón stated. “They’ve additionally accomplished in depth rehabilitative work. The query is whether or not to proceed their incarceration or give them one other probability. That is the opposite avenue we’re evaluating.”
California Division of Corrections and Rehabilitation/AP Photograph
Gascón stated in the event that they determine to pursue resentencing, “We’re not saying something went fallacious with the trial. We’re merely saying they’ve paid their dues. We then undergo the court docket to determine whether or not the court docket agrees with that or not.”
Subsequent Steps for the Menendez Brothers
The November 29 listening to will determine whether or not the District Attorney’s Office will oppose or assist the claims made by his attorneys.
Gascón stated the court docket will function the “closing arbiter” in deciding whether or not the brothers will probably be launched or stay in jail after serving their life sentence with out parole.
The Menendez brothers stay in jail whereas they proceed their authorized battles.
In 2018, officers transferred Lyle from Mule Creek State Jail in Northern California to R.J. Donovan Correctional Facility in San Diego, the place they’d already positioned his brother in a separate unit.
Later, they moved into the identical housing unit. Lyle requested the switch after studying about his brother’s classification standing.
Each brothers are married and met their wives whereas behind bars. Erik has been married since 1999, whereas Lyle was married from 1996 to 2001 after which remarried in 2003.
Netflix is ready to unveil a brand new documentary on the Menendez Brothers on October 7, that includes real-life accounts from Erik and Lyle Menendez themselves.
For the primary time in almost 30 years, Erik and Lyle Menendez, in their very own phrases, revisit the trial that surprised the nation. They share their story collectively from the Donovan Correctional Facility in California.
This follows the most recent installment of the Netflix series, Monsters: The Lyle and Erik Menendez Story, created by Ryan Murphy. The collection premiered on September 19, producing buzz and facing intense scrutiny.
The collection options a formidable forged, with Javier Bardem and Chloë Sevigny starring as dad and mom Jose and Kitty Menendez, whereas newcomers Nicholas Alexander Chavez and Cooper Koch tackle the roles of Lyle and Erik Menendez.
Erik Menendez expressed unhappiness over Netflix’s “dishonest portrayal” of the tragedies surrounding their dad and mom’ murders.
“I can solely imagine they have been executed on goal. It’s with a heavy coronary heart that I say I imagine Ryan Murphy can’t be this naive and inaccurate concerning the details of our lives, in order to do that with out dangerous intent,” Erik Menendez wrote, as shared by his household through X and Facebook. “Murphy shapes his horrible narrative by vile and appalling character portrayals of Lyle and me, and disheartening slander.”
Rand can also be criticizing the collection for its important inaccuracies, separating truth from fiction within the present’s portrayal of the notorious case.
“I believe each Cooper Koch and [Nicholas Alexander] Chavos are unbelievable actors, so the issue is not with them; the issue is with the script,” Rand stated to Newsweek.
Kim Kardashian Calls For Menendez Brothers’ Launch
Kim Kardashian is asking for the discharge of the Menendez brothers, breaking her silence in an essay to NBC Information she penned on their case and declaring it is time for justice to be served.
After visiting and spending time with the Menendez brothers, Kardashian stated, “They aren’t monsters. They’re sort, clever, and sincere males.”
She famous if the Menendez trials have been held at present, the result would possible be totally different, given the improved understanding of sexual abuse. She additionally believes they didn’t obtain a fair second trial.
“There have been just about no programs in place to assist survivors, and public consciousness of the trauma of male sexual abuse was minimal, usually clouded by preconceived judgments and homophobia,” Kardashian stated. “Can anybody actually deny that the justice system would have handled the Menendez sisters extra leniently?”
Geragos instructed Newsweek about how society’s evolving understanding of abuse has influenced authorized outcomes.
“It is all the time been attention-grabbing to me how tradition has developed,” Geragos instructed Newsweek. “I imagine if these had been two sisters, they’d not have been in custody now and they might not have been convicted of homicide.”
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