What to Know About the Menendez Brothers’ Resentencing Plea

LOS ANGELES — Erik and Lyle Menendez will have to wait until next year for a decision on whether they should have the possibility of freedom from prison more than 30 years after killing their parents, a judge said.

[time-brightcove not-tgx=”true”]

The shotgun killings of Jose and Kitty Menendez on Aug. 20, 1989, in their Beverly Hills mansion captured the public’s attention. Prosecutors argued the Menendez brothers killed their parents for financial gain. The brothers’ attorneys never disputed the pair killed their parents, but argued that they acted out of self-defense after years of emotional and sexual abuse by their father.

After an initial mistrial, the brothers were convicted of murder and sentenced to life in prison without the possibility of parole.

Los Angeles County prosecutors recommended the resentencing for the brothers last month, arguing that they had demonstrated good behavior and rehabilitation in prison. They have support from their family, and attorneys have presented new evidence of the sexual abuse the brothers allege they suffered at the hands of their father.

Here are some things to know about the case:

What happened Monday?

LA County Superior Court Judge Michael Jesic held a hearing to discuss the Menendez brothers’ bid for freedom.

Their lawyers first filed a habeas corpus petition—a request for a court to examine whether someone is being lawfully detained—in May 2023, asking a judge to consider new evidence of their father’s alleged sexual abuse.

After renewed public interest in the case since the recent Netflix drama and documentary released, Los Angeles District Attorney George Gascón asked the judge to give the brothers a new sentence of 50 years to life, which could make them immediately eligible for parole because they were less than 26 years old when they killed their parents.

On Monday, however, Jesic said he could not move forward with the hearing scheduled for Dec. 11 due to the amount of evidence he needed to go through. He postponed the hearing to Jan. 30.

Who supports the brothers’ release?

Erik and Lyle Menendez have the support of almost their entire extended family, who gathered to call for their release last month.

The brothers’ two aunts took the stand on Monday in support of their release. Joan Andersen VanderMolen, Kitty Menendez’s sister who turns 93 on Tuesday, and Teresita Baralt, Jose’s older sister who is 85, both said they wanted their nephews to come home. They said they had kept in contact with the brothers while they have been in prison, though they had not seen them in person for years.

Andersen VanderMolen said the abuse Erik and Lyle Menendez had to suffer was “unconscionable.”

Baralt noted that she was close to Jose and lived for years across the street from him and Kitty, who Baralt described as her best friend.

“We miss those who are gone tremendously,” Baralt testified through tears. “But we miss the kids too.”

What might the judge consider?

The judge might consider new evidence that the brothers’ attorneys say corroborate their allegations that they were sexually abused by their father. Much of the evidence and testimony from family members that related to the alleged abuse was excluded during the trial that ultimately convicted them.

The brothers’ attorneys said the new evidence includes a letter Erik Menendez wrote in 1988—the year before the murders—to his uncle Andy Cano, describing the sexual abuse he had endured from his father. The brothers asked their lawyers about it after it was mentioned in a 2015 Barbara Walters television special. The lawyers hadn’t known of the letter and realized it had not been introduced at their trials.

More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward saying Jose Menendez drugged and raped him when Rossello was a teen in the 1980s. Menudo was signed under RCA Records, where Jose Menendez was chief operating officer. Rossello spoke about his abuse in the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” and provided a signed declaration to the brothers’ lawyers.

The judge may also consider the brothers’ prison record.

In a document filed by the district attorney’s office recommending resentencing, prosecutors pointed to the brothers’ educational achievements—both have attained several degrees—and contributions to the community. One is a GreenSpace prison beautification program Lyle Menendez started. Both brothers also received low-risk assessment scores, and the document notes that Lyle had not been in a single fight during his 30 years in prison.

Who else could weigh in?

Prosecutors who believe the brothers should not be freed are expected to make their own arguments to the judge.

The brothers’ attorneys have submitted papers requesting clemency from California Gov. Gavin Newsom, who has the power to free them. However, Newsom said last week that he won’t decide until incoming Los Angeles County District Attorney Nathan Hochman, who takes office on Dec. 2, has the opportunity to review the case.

Hochman, a Republican-turned-independent who unseated the progressive Gascón, said the judge’s decision to delay the hearing will give him enough time to “review the extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult with prosecutors, law enforcement, defense counsel and victim family members.”