Almost 30 years after being sentenced to life in prison for the murder of their parents, Lyle and Erik Menendez are scheduled to appear in court this Monday (25), in a final step towards freedom after the Los Angeles public prosecutor recommended that they be sentenced again.
The brothers, currently incarcerated in California, can appear virtually or in person for their condition hearing, scheduled to begin at 10:30 a.m. local time.
The two men were last seen in public in 1996, during the second trial for their parents’ murder.
After the first trial ended with both hung juries, Lyle and Erik were found guilty in a second trial and sentenced to life in prison without the possibility of parole.
The judge imposed strict restrictions on the court for Monday’s hearing: no cameras are allowed in the room and all cell phones will be placed in sealed bags.
Sixteen seats in the room will be offered to the public through a lottery in the hours before the hearing, according to a statement from the Los Angeles Superior Court.
Throughout both trials, the brothers did not dispute that they killed their parents. Instead, they argued that they killed them in self-defense after suffering years of sexual, emotional and physical abuse.
Meanwhile, prosecutors alleged that the murders were premeditated, committed so the children could obtain their parents’ multimillion-dollar estate.
The effort to reexamine the case began in 2023, when a Peacock docu-series featured another alleged victim saying she was raped by Jose Menendez — the father of the two brothers.
Lawyers for the Menendez brothers filed a habeas corpus request for the court to reconsider the conviction and sentence, as a result of new evidence from the other alleged victim and a letter Erik wrote about the abuse before the murders.
In October, Los Angeles District Attorney George Gascón filed a motion recommending that a judge resentence the brothers, which could allow them to be released immediately.
“Not only did they work on their own self-improvement, but they also did a lot to improve the lives of those around them, which is unusual,” reported Gascón, who has since lost his re-election bid to Nathan Hochman, to CNN. “I believe they have served enough time.”
The case
The decades-old lawsuits stem from 1989, when Jose Menendez, an RCA Records executive, and his wife Kitty Menendez were shot and killed in their Beverly Hills home.
Lyle was 21 and Erik was 18. Lyle called 911 and said, “Someone killed my parents.”
The two brothers were arrested in March 1990 and charged with first-degree murder. Both went to trial in 1993, each with a separate jury.
The brothers’ defense attorneys argued that the defendants feared for their lives after years of abuse, especially at the hands of their father.
The Menendezes took to the witness stand about the abuse they suffered and said their father had threatened to kill them if they didn’t keep the abuse secret.
After a deadlock by both juries, one A new trial began in 1995 — this time with a single jury.
Much of the defense’s evidence about sexual abuse was excluded, according to the brothers’ lawyers. They were eventually convicted of first-degree murder and sentenced to life in prison without the possibility of parole.
Since then, the Menendezes have been “model prisoners”, said Gascón in an interview with CNN in October.
The brothers participated in victim impact programs, workshops and events, and created several programs to help “those in need around them,” according to Gascón’s resentencing motion.
After decades of not seeing each other, they met again in 2018, when Lyle was transferred to the same housing unit in a San Diego prison as Erik.
Future
Gascón’s failed re-election bid as prosecutor cast uncertainty over the fate of the Menendez brothers.
Nathan Hochman, the new Los Angeles district attorney and former federal prosecutor who campaigned on a tougher stance on crime, will take office in early December.
Hochman said he needs time to review confidential prison files, trial transcripts and extensive exhibits, as well as consult with prosecutors, defense attorneys and victims’ families.
“Before I can make any decisions regarding the Menendez brothers’ case, I must thoroughly familiarize myself with the relevant facts, the evidence and the law,” Hochman expressed in a statement.
In an interview, the elected prosecutor said he would move as “swiftly” as possible to review the case.
“If I ask for a delay, it will not be to delay but because I think the Menendez brothers, the families of the victims and the public deserve to have a decision made as quickly as possible, completely,” Hochman told CNN.
An audience for new sentence is scheduled for December 11th.
There are other ways for the brothers to be released. Gascón also wrote letters to California Governor Gavin Newson supporting the brothers in a bid for clemency, which could have freed them immediately.
But Newsom has delayed any clemency decision until Hochman reviews the case, according to a statement from his office.
This content was originally published in Menendez brothers must appear in court for the first time in 28 years on the CNN Brasil website.
Source: CNN Brasil
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