What you need to know about the Menendez brothers’ quest for freedom

LOS ANGELES – The Los Angeles County district attorney has recommended sentencing Erik and Lyle Menendez, who were convicted of killing their parents in 1989 and now may have a path to freedom after spending 34 years behind bars.

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

What happened in the infamous 1989 murder case?

The shotgun murders of Jose and Kitty Menendez occurred on August 20, 1989, at their Beverly Hills mansion. Their son Lyle Menendez was the one who called 911, with the brothers initially claiming the murder was mob-related or related to their father’s business activities. The brothers continued to spend money, 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 in the deaths of their parents.

The murder case caught the public’s attention. After the OJ Simpson trial, the country was hungry for true crime TV. The brothers’ first trial was one of the first to be broadcast almost entirely on Court TV. It spawned documentaries, television specials and dramatizations. The Netflix drama “Monsters: Lyle and Erik Menendez Story” 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 processes?

The first trial of the brothers took place in 1993 with separate juries. Prosecutors argued that they killed 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.

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

During the second trial in 1995, the judge excluded a significant amount of evidence heard at the first trial, including testimony from several family members who had witnessed or heard about the abuse. Prosecutors doubled down on their claim that there was no abuse. A single jury convicted both brothers of three charges, including first-degree murder, plus charges of lying in wait and special circumstances. They were sentenced to life in prison without parole in 1996.

What about the objection procedure?

In the years that followed, the brothers repeatedly appealed their conviction. In 1998, they were dismissed by an appeals court and the California Supreme Court. Their requests for habeas corpus, a request for a court to investigate 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 denied. They then appealed in 2005 to the Ninth Circuit Court of Appeals, which again denied them.

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

How has new evidence helped the brothers?

In 2015, the brothers learned about a letter from 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 either trial, making it essentially new evidence.

According to lawyers, this letter confirms the allegations that Erik was sexually abused by his father.

Roy Rossello, a former member of the Latin American pop group Menudo, recently came forward to say he was drugged and raped as a teenager in the 1980s by Jose Menendez, the boys’ father. Menudo was signed to RCA Records, which was headed by Jose Menendez at the time.

Rossello spoke about his abuse in the Peacock docuseries “Menendez + Menudo: Boys Betrayed.” He presented a signed affidavit to the brothers’ lawyers, the final piece of evidence they needed to file a new petition for habeas corpus in May 2023 and request a re-examination of the case.

What does LA’s current prosecutor say?

Los Angeles County prosecutors have recommended that the brothers receive new sentences of 50 years to life. Because they were under age 26 at the time of the crimes, they would have been immediately eligible for parole under a California law that took effect in 2018.

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

Gascón also said the trial would have been handled differently if we understood today how sexual and physical abuse affects children.

The brothers have the strong support of most of their family, who say they were victims who were vilified. However, one of their uncles wants them to stay in prison.

What happens next?

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

Gascón faces controversy from his own office over the decision, and one of the family members is not in favor of recidivism. They will be given the opportunity to have their arguments heard in court.

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