LOS ANGELES (KGTV) — More than a dozen family members of Erik and Lyle Menendez spoke Wednesday afternoon regarding the LA District Attorney's decision to review new evidence. They hope this will either lead to a new trial or resentencing and, ultimately, the brothers' freedom.
Lyle and Erik have served 35 years in prison for killing their parents Jose and Mary Louise, or "Kitty," in their Beverly Hills mansion in 1989. Lyle was 21 at the time, while Erik was 18. They were sentenced to life without the possibility of parole in 1996.
Watch the full press conference below:
Erik, now 53, has been incarcerated in the Richard J. Donovan Correctional Facility in San Diego since 2013. Lyle, now 56, joined his brother in 2018.
The brothers claim years of repeated sexual assaults from their father had them fearing for their lives and ultimately drove them to commit the murders.
Kitty’s sister spoke at the news conference. “I never thought this day would come. I stand here today with a heavy heart, and also with hope and justice and understanding.”
“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 the unspeakable cruel of their father.”
- PREVIOUS COVERAGE: Brothers who killed parents reunited in San Diego prison
There are two main channels through which people who have been convicted of a crime can have those convictions reviewed: Habeas corpus and resentencing.
Habeas corpus, as explained by LA District Attorney George Gascón, essentially means "someone who was convicted is asking for a review of new evidence that has been made available, that had that evidence been made available to the court and the jury at the time of the trial, perhaps the outcome may have been different."
Resentencing is when a prosecutor evaluates whether someone has been rehabilitated, and based on those actions, might be able to have their original sentencing reevaluated.
On Oct. 3, Gascón said his office was actively reviewing the brothers' convictions through both channels after defense attorneys presented two key new pieces of evidence.
The first is a handwritten letter allegedly sent from Erik to his cousin, Andy Cano, that predates the killings by eight months and outlines the fear Erik had for his father.
“I’ve been trying to avoid dad. Its still happening Andy but its worse for me now," the letter reads.
The second piece of evidence, according to Mark Geragos, one of the brothers' defense attorneys, was a declaration by Roy Roswell, a member of Menudo — a Puerto Rican boy band — that he was another alleged victim of Jose.
The LA District Attorney's office is now reviewing these two new pieces of evidence. Gascón had this to say on Oct. 3:
“What I want to make very clear, we have not conceded one way or the other. We’re not saying that there was anything wrong with the original trial. We have been given evidence. We have been given a photo copy of a letter that allegedly was sent by one of the brothers to one of the family members, talking about him being the victim of molestation. We’ve also got evidence that was provided by the defense, by his lawyers, that one of the members of the Menudo band alleged that he was molested by the father. None of this information has been confirmed. We are not, at this point, ready to say that we either believe or do not believe that information. But we’re here to tell you that we have a moral and ethical obligation to review what is being presented to us and make a determination based on a resentencing side, whether they deserve to be resentenced, even though they were clearly the murderers because they have been in prison for 35 years and they have paid back their dues to society, or whether a Habeas is appropriate if there was evidence that was not presented to the court at that time, and had that evidence been presented, perhaps a jury would’ve come to a different conclusion.”
Gascón said a hearing is coming up on Nov. 29. However, his office has until Nov. 26 to provide an informal response.
"Until we get there, we're not sure which direction this will go," Gascón said.
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