The possible freedom of the Menendez brothers could come from a surprising source

The The case of the Menendez brothers it has been a point of public interest for over three decades. In March 1990, they were charged and later convicted of two counts: the murders of their father, Jose Menendez, and the murders of their mother, Kitty Menendez, both of which occurred in 1989.

In one of the most watched cases at the time, viewers saw Erik and Lyle Menendez sentenced to life in prison without the possibility of parole. Now, in 2024, their names were once again in the limelight, in the middle of a Netflix documentary and a fictional retelling of their crimes and subsequent conviction.

Following these streaming releases on Thursday, October 24, 2024, their real-life story made headlines in real time as Los Angeles District Attorney George Gascon filed a resentencing motion for the brothers.

MENENDEZ BROTHERS ASK CALIFORNIA GOV. NEWSOM FOR CLEMENCIA

This filing and announcement came after a review of alleged new evidence presented to defense attorneys regarding abuse by their father, in addition to current California law. Although Gascon said there is divided opinion in his office on whether or not the brothers’ current conviction should stand, a hearing is imminent in the next few weeks.

Erik Menendez (L) and his brother Lyle (R) listen during a preliminary hearing December 29, 1992 in Los Angeles after the pair pleaded not guilty in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez. from Beverly Hills, California. (Vince Bucci/AFP via Getty Images)

Parole of youth under California law

Because the murders occurred when the brothers were under 26, they would be eligible for sentencing on California AB1104which was adopted on October 8, 2023. The legislation provides:

“…the court may also sentence the defendant to a term that is less than the original sentence if any of the following contributed to the commission of the alleged offense:

(A) The person has suffered psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.

(B) The person is or was a juvenile as defined in subdivision (b) of Section 1016.7 at the time of the offense.

(C) Prior to the commission of the crime or at the time of the commission of the crime, the person is or has been a victim of intimate partner violence or human trafficking.”

At the time of their original sentencing, the brothers did not deny killing their parents, but claimed they acted in self-defense after a lifetime of physical and sexual abuse from their father.

The first trial was televised and ended in a mistrial after jurors could not agree on a unanimous decision on whether the brothers should be charged with voluntary manslaughter or first degree murder.

In the second trial, important defense evidence about the alleged sexual abuse was excluded, which could have led to a very different outcome.

Lyle Menendez, left, and his brother Erik, pictured in their most recent CDCR photos taken Oct. 10, 2024. (California Department of Corrections and Rehabilitation)

Habeas corpus petition presents new evidence

A habeas corpus petition was filed in May 2023 in Los Angeles Superior Court by defense attorneys Mark Geragos and Cliff Gardner, who introduced alleged new defense evidence, including a letter Erik Menendez wrote to his cousin, Andy Cano, in December 1998, detailing months of abuse by his father. .

Also included in the petition is “testimony from family members, close friends and a variety of coaches and teachers, who at the first trial described numerous incidents of physical and psychological abuse they witnessed Lyle and Erik suffer at the hands of their parents their”.

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In addition to these updates, Gascon’s movement featured the brothers’ rehabilitation efforts in prison, commenting on their “work ethic, professionalism and significant contribution to the good of the community in which they live”.

Gascon’s request for recusal and resentencing states: “The People respectfully request that this court vacate the defendants’ sentence and sentence pursuant to Penal Code section 1172.1,” based on the defendants’ showing of “exceptional post-conviction conduct” to reduce their sentences to life with the possibility of parole.

At the time of their original sentencing, the brothers did not deny killing their parents, but claimed they acted in self-defense after a lifetime of physical and sexual abuse from their father.

The legal way to go

The hope is that the sentencing request will go before a judge in the next 30 to 45 days. However, this filing is the first of several hurdles that must be cleared before a resentencing can occur. Once the hearing is set, the defense will decide whether the brothers will be physically present at the trial or whether they will appear virtually. Los Angeles Superior Court Judge William Ryan will review the case and make a decision on the matter.

If Judge Ryan grants the petition, the decision will go before the state parole board before a final appearance before California’s Democratic governor, Gavin Newsom. Under the California Constitution, the governor has the authority to block the parole board’s decision if he determines there is a “unreasonable risk to the public”.

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This review process can take up to 150 days after a parole board hearing. While this statement by the district attorney has led to hope for supporters of the Menendez brothers, they may be premature in their expectations to release them home by Thanksgiving.

Either way, it’s a surprising development in a case that has captured the American public’s attention for 34 years, and is another example of what could be a victory for those fighting for restorative justice and prison reform.

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