Los Angeles District Attorney George Gascón is reviewing options for the Menendez brothers’ case after new evidence has surfaced.
Los Angeles County District Attorney George Gascón spoke to Newsweek about the high-profile Menendez brothers’ case, following the discovery of new evidence that could offer the brothers a chance at justice.
Lyle, who was then 21, and Erik, then 18, admitted they shot their Hollywood executive father and mother because they feared their parents were about to kill them to prevent the disclosure of the father’s alleged long-term sexual molestation of Erik. The brothers shot their father, José Menendez, and their mother, Kitty Menendez, a total of 14 times during an attack inside their Beverly Hills home in 1989.
Gascón told Newsweek his office is currently reviewing a 1988 letter written by Erik Menendez to his cousin about the alleged sexual abuse he endured by his father. The new evidence also includes a statement from a former Menudo member who claims he was also sexually assaulted by Jose Menendez.
« There are people in my office who believe they should never get any relief, and others who believe they should », Gascón said. « I have now decided we will go through a thorough process of investigating both the new evidence for habeas and whether they have been rehabilitated for resentencing. »
While Gascón has not yet determined an outcome, a hearing is scheduled for November 29. But the district attorney said he has a « complete open mind. »
Initially, the brothers blamed the mob due to their father’s connections as a high profile entertainment executive, but the brutal nature of the crime suggested a more personal and emotionally driven motive.
In the first Menendez brothers’ trial, which began in 1993, Lyle and Erik Menendez the trial ended with two deadlocked juries, unable to agree on whether the brothers were guilty of murder or acted out of fear. This led to a mistrial and set the stage for a second trial in 1995.Option One: Habeas Petition
Gascón said the brothers’ attorneys, Mark Geragos and Bryan Freedman, are presenting two options: a habeas petition or a resentencing.
A habeas petition is a legal action through which a person can challenge the legality of their detention or imprisonment.
It is a fundamental right, allowing an individual to seek relief from unlawful imprisonment by arguing their detention violates their constitutional rights. The petition is typically filed with a court to review whether the person’s detention is lawful and whether they are being held in accordance with legal standards.
Gascón told Newsweek under the law, if someone thinks there is new evidence that wasn’t shown during the trial, and if this evidence could have changed the jury’s or court’s decision, they may have grounds for a review.
« They filed a habeas petition, and the outcome could lead to a release or a new trial, among other possibilities », Gascón said. « The lawyers in this case allege that there are new items that were not presented to the jury. »
Geragos is hopeful there could be a favorable ruling on their habeas corpus petition.
« In my mind, it [the evidence] clearly is enough », Geragos said. « I think they should be resentenced. »New Evidence Emerges for Menendez Brothers
Gascón revealed the first piece of new evidence is a letter. In the letter, written nine months before the gruesome murders, 17-year-old Erik Menendez confided in his 15-year-old cousin about the ongoing sexual abuse by his father.
Investigative journalist and author Robert Rand told Newsweek he uncovered this groundbreaking evidence.
Rand published his book, The Menendez Murders: The Shocking Untold Story of the Menendez Family and the Killings that Stunned the Nation, in 2018.
The closing chapter of Rand’s book features a revealing letter from Erik to his late cousin, Andy Cano.
