What you need to know about the Menendez brothers’ brutal plea

LOS ANGELES – Erik and Lyle Menendez will have to wait until next year for a decision on whether they should have the opportunity to be released more than 30 years after killing their parents, a judge said.

The shotgun murders of Jose and Kitty Menendez continue August 20, 1989in their Beverly Hills mansion captured the public’s attention. Prosecutors argued Menendez brothers murdered their parents for financial gain. The brothers’ lawyers have never disputed that the couple killed their parents, but argued that they acted in 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 re-punishment for the brothers last month, arguing that they had shown good behavior and rehabilitation in prison. They have support from their family and lawyers have presented new evidence of the sexual abuse the brothers claim they suffered at the hands of their father.

Here are some things you need to know about the case:

What happened on 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 investigate whether someone is lawfully detained — in May 2023, asking a judge to consider new evidence about 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 would make them immediately eligible for parole because they are less than 26 years old were when they killed their parents.

However, on Monday, Jesic said he could not proceed with the hearing scheduled for December 11 due to the amount of evidence he had to go through. He postponed the hearing until January 30.

Who supports the brothers’ release?

Erik and Lyle Menendez have the support of almost their entire extended family, who rallied around them calling for their release last month.

The brothers’ two aunts took the stand 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 touch with the brothers while in prison, even though they had not seen them in person for years.

Andersen VanderMolen said the abuse Erik and Lyle Menendez endured was “unconscionable.”

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

“We deeply miss those who are no longer here,” Baralt testified through tears. “But we also miss the children.”

What could the judge take into account?

The judge could consider new evidence that the brothers’ lawyers say corroborates their claims that they were sexually abused by their father. Much of the evidence and testimony from family members 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 to his uncle Andy Cano in 1988 — the year before the murders — describing the sexual abuse he suffered at the hands of his father. The brothers asked their lawyers about it after it was mentioned in a 2015 Barbara Walters television special. The lawyers were unaware of the letter and realized it had not been introduced during their trial.

More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward to say that Jose Menendez drugged and raped him when Rossello was a teenager in the 1980s. Menudo was signed to 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 statement to the brothers’ attorneys.

The judge may also take the brothers’ criminal record into account.

In a document filed by the district attorney recommending recidivism, prosecutors pointed to the brothers’ educational achievements — both have earned different degrees — and their contributions to the community. One is one Green Space Lyle Menendez prison beautification program started. Both brothers also received low risk assessment scores, and the document notes that Lyle did not have a single fight during his 30 years in prison.

Who else could weigh in?

Prosecutors who argue the brothers should not be released are expected to present their own arguments to the judge.

The brothers’ lawyers have filed papers asking for leniency from California Governor Gavin Newsom, who has the power to free them. However, Nieuwsom said last week that he won’t decide until incoming Los Angeles County District Attorney Nathan Hochman, who takes office on December 2, has a chance to review the case.

Hochman, a Republican-turned-independent who unseated progressive Gascón, said the judge’s decision to postpone the hearing will give him enough time to “review the extensive prison records, transcripts of two lengthy trials and voluminous evidence , and to consult with prosecutors. , law enforcement officials, attorneys and family members of victims.”