New decision made in Menendez brothers case, Gascón announces

Los Angeles District Attorney George Gascón announced Thursday he’s requesting a resentencing in the case of Erik and Lyle Menendez, now 56, who are serving life sentences in prison for killing their parents in their Beverly Hills mansion.

Gascón said he is going to recommend a resentencing in the case to a court Friday.

"What that means in this particular case is that we are going to recommend to the court that the life without the possibility of parole be removed and that they will be sentenced for murder, which, because there are two murders involved, that will be 50 years to life," he explained.

However, because the brothers were under the age of 26 at the time of the killings, Erik and Lyle will be eligible for parole immediately after a resentencing.

"There was a more recent documentary about the case that, again, brought a tremendous amount of public attention. And we know there have been other documentaries. So, this is not the first. This is a more recent one, and frankly, our office got flooded with requests for information," Gascón explained. "And even though this case was already scheduled to be heard in late November, I decided to move this forward, because, quite frankly, we did not have enough resources to handle all the requests."

Erik and Lyle's parents, Jose and Kitty Menendez, were killed with a shotgun in August 1989. Attorneys for Erik and Lyle pointed to new evidence in court papers filed in 2023. According to the court papers, their attorneys, Mark Geragos and Cliff Gardner, contend the two new pieces of evidence corroborate the brothers’ long-term sexual abuse allegations against their father. 

"I will never imply that what we're doing here is to excuse our behavior, because even if you get abused, the right path is to call the police, seek help. But I understand also how sometimes people get desperate," Gascón said.

The evidence includes a letter written in early 1989 by Erik to one of his cousins.

In the letter allegedly sent by Erik, he wrote "I've been trying to avoid dad. It's still happening Andy, but it's worse for me now. I can't explain it. ... I never know when it's going to happen and it's driving me crazy. Every night I stay up thinking he might come in. I need to put it out of my mind."

The other piece of evidence is sexual abuse allegations by Roy Roselló, a former member of the boy band Menudo, against Jose. He said he was sexually abused at the age of 14 by Jose.

"I know what he did to me in his house," Rosselló, now 55, said in a recent Peacock documentary series. "That's the man here that raped me. That's the pedophile."

The brothers' attorneys argue that the new evidence warrants reopening the case, writing that it "directly supports the defense presented at trial and just as directly undercuts the state's case." 

Gascón has announced in early October that attorneys in his office were revisiting the Menendez brothers' case to see if their case could be reheard or if they could be re-sentenced. At the time, Gascón said he was "keeping an open mind" and that he’d be the one to make the final decision. 

In a press conference on Oct. 16, family members of Erik and Lyle called for their release.

"It was a nightmare none of us could have imagined, but as details of Lyle and Erik's abuse came to light, it became clear that their actions, while tragic, were the desperate response of two boys trying to survive,” Kitty’s sister, Joan Andersen VanderMolen, said at the news conference.

"From the beginning, I believed Lyle and Erik were victims of their father's abuse. I grew up knowing and feeling something wasn't right. The feeling in their house and the father-son interactions were just off. But it was not until the first trial that the full horror of what they had to live through came to light. ... I cannot help but think of how things would be different if the world had known the truth back then, or if they had been the Menendez sisters,” Karen VanderMolen, Erik and Lyle’s cousin, said. 

“What happened is tragic, but I forgive my cousins. I have forgiven them forever, because I know they were acting out of fear and desperation,” she continued. 

Another cousin, Brian A. Andersen Jr., said he "can tell you without a doubt that they are not the villains they've been portrayed as.”

“The media focused so much on their actions that they never were able to tell the full story of their abuse that drove them to such desperate measures. When I think about the pain and suffering they endured, it breaks my heart to know that the system failed them so profoundly. They tried to protect themselves the only way they knew how. But instead of being seen as victims, they were vilified. Their father's abuse was dismissed, their trauma ignored and their truth mocked by millions,” he continued. 

Andersen Jr. explained how the brothers "acted out of fear, but the jury never heard the full story."

"I am asking the District Attorney's Office, regardless of who the D.A. is or becomes, to reconsider their case with the knowledge we now have about their abuse. Lyle and Erik deserve a second chance -- a chance to heal, a chance to be free, and to live the rest of their lives without the shadow of their past hanging over them,” he said. 

A victims’ rights attorney representing Milton Anderson, Kitty’s brother, said in a statement that her client believes Erik and Lyle should remain in prison and justice was served. 

The brothers never denied the killings, but said they were sexually assaulted by their father repeatedly and feared for their lives. However, a prosecutor said the killings were financially motivated because of spending sprees by the brothers afterward. 

Erik and Lyle’s first trial ended with jurors unable to reach a verdict. They had deadlocked between first-degree murder and lesser charges, including manslaughter. The second trial lacked much of the testimony included in the first and resulted in the brothers being convicted of first-degree murder and conspiracy. 

Erik and Lyle have repeatedly appealed their convictions with no luck. 

Garegos said Erik and Lyle had resigned themselves to spending their lives in prison and said the brothers had an "amazing rehabilitation.” The brothers are being supported by more than 20 relatives on both sides, Garegos said.