What to know about the Menendez brothers’ request for freedom

LOS ANGELES – Los Angeles County District Attorney recommended resentment for Erik and Lyle Menendez, who were convicted of killing their parents in 1989 and may now have a path to freedom after spending 34 years behind bars.

Here are some things to know about the case:

What happened in the notorious murder case of 1989?

The shotgun murders of Jose and Kitty Menendez took place on August 20, 1989in their Beverly Hills mansion. It was their son Lyle Menendez who called 911, with the brothers initially claiming the killing was mob-related or related to their father’s business. The brothers continued to spend, buying Rolex watches, cars and houses. Two months later, Erik Menendez told his psychologist, Jerome Oziel, that he and his brother had killed their parents. They were eventually arrested and charged with their parents’ deaths.

The murder case captured the attention of the public. In the wake of the OJ Simpson trial, the nation was starved for true crime television. The brothers’ first trial was one of the first to be televised almost entirely on Court TV. It spawned documentaries, television specials and dramatizations. Netflix Drama ” Monsters: The Story of Lyle and Erik Menendez ” and the documentary “The Menendez Brothers,” released in the fall of 2024, have been credited in recent weeks with bringing new attention to the case.

Why were there two trials?

The brothers’ first trial was held in 1993 with separate juries. Prosecutors argued they killed their parents for financial gain. Lawyers for the brothers never disputed that the pair killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse from their father.

Both trials resulted in a hung jury on all three counts of murder of Jose and Kitty Menendez and conspiracy to commit murder. Juries were divided on the murder and manslaughter convictions.

At the second trial in 1995, the judge excluded a substantial amount of evidence that had been heard in the first trial, including the testimony of several family members who had witnessed or heard about the abuse. Prosecutors have doubled down on their claim that no abuse took place. A single jury convicted both brothers on three counts, including first-degree murder, plus perjury and special circumstances charges. They were sentenced to life without parole in 1996.

What about the appeals process?

In the years that followed, the brothers repeatedly appealed their convictions. In 1998, they were rejected by an appeals court and the California Supreme Court. Their petitions for habeas corpus, a request for a court to review whether someone is lawfully detained, were denied by the state Supreme Court.

After exhausting their options in state court, they filed petitions in federal court, which were dismissed. They then appealed in 2005 to the Ninth Circuit Court of Appeals, which again denied them.

Their lawyer said that after the appeal failed, they had resigned themselves to spending the rest of their lives in prison.

How did new evidence help the brothers?

In 2015, the brothers heard about a letter written by Erik Menendez to his uncle Andy Cano, which was mentioned in a Barbara Walters television special. When they asked their lawyers about it, the lawyers were unaware of the letter and realized that it had not been introduced at any trial, making it effectively new evidence.

That letter, lawyers say, corroborates allegations that Erik was sexually abused by his father.

Roy Rossello, a former member of the Latin pop group Menudo, recently said he was drugged and raped by Jose Menendez, the boys’ father, when he was a teenager in the 1980s. Menudo was signed to RCA Records, which Jose Menendez ran at that time.

Rossello spoke about his abuse in the Peacock documentary series Menendez + Menudo: Boys Betrayed. He provided a signed statement to the brothers’ lawyers, the last piece of evidence needed for them to file a new habeas corpus petition in May 2023 and ask for a retrial.

What does the current LA DA say?

Los Angeles County prosecutors recommended the brothers receive a new sentence of 50 years to life. Because they were under 26 at the time of the murders, they would be eligible for immediate parole under a California law that took effect in 2018.

Prosecutor George Gascón said he considered several factors in making the decision, including the brothers’ rehabilitation in prison. In documents filed by his office, prosecutors highlighted both brothers’ educational achievements — both earned multiple degrees — and community contributions, such as a GreenSpace prison beautification program started by Lyle Menendez. Both siblings also received low risk assessment scores.

Gascón also said the trial would have been handled differently with the current understanding of how sexual and physical abuse affects children.

Brothers have the strong ones the support of most of their family, who say they were victims who were slandered. One of their uncles, however, wants them to stay in prison.

What happens next?

The resentencing petition will now be reviewed by a Los Angeles County Superior Court judge. Legal experts say it won’t be a smooth process although.

Gascón faces disagreements within his own office over the decision, and one family member does not support the resentment. They will have the opportunity to make their case before a judge.

If he agrees to the resentencing recommendation, the brothers will need the state parole board to grant them release. California Governor Gavin Newsom then has 150 days to review the parole board’s decision.