Will DA Support Menendez Brothers' Resentencing? A Shift in Understanding Sexual Violence

Los Angeles County District Attorney George Gascón is reevaluating the case of Erik and Lyle Menendez, who were convicted of first-degree murder for the deaths of their parents and sentenced to life in prison without parole. Gascón's office is currently reviewing new evidence in the Menendez brothers' case, highlighting a more contemporary approach to handling allegations of sexual violence.

Gascón expressed, "Our office has developed a more modern understanding of sexual violence since the Menendez brothers' initial prosecution. Today, we recognize that sexual violence profoundly impacts individuals of all gender identities, and we are dedicated to supporting all victims as they navigate the aftermath of such trauma."

The District Attorney's statement followed a meeting between his office and family members of Lyle and Erik Menendez, who gathered for a press conference at the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles. The brothers are currently serving life sentences without the possibility of parole for the murders of their parents.

During the press conference, family members emphasized the sexual abuse the brothers allegedly suffered at the hands of their father, Jose. They asserted that the brothers were victims rather than perpetrators of the crime.

Karen VanderMolen, niece of Kitty Menendez, expressed her belief, "From the start, I believed that Lyle and Erik were victims of their father's abuse. No child should endure what they did. Their father's actions shattered their lives, and the court's failure to acknowledge their trauma only added to the tragedy. I can't help but wonder how things might have been different if the truth had been known earlier."

Since May 2023, Gascón's office has been reviewing a Habeas Corpus petition filed by the brothers' attorneys in Los Angeles County Superior Court. The petition presented new evidence, including allegations of sexual abuse by Roy Rosselló, a former member of the band Menudo, against Jose Menendez. Rosselló claimed that Jose raped him in the 1980s. Additionally, a recently discovered letter written by Erik to his deceased cousin Andy Cano detailed his father's alleged sexual abuse months before the murders.

Gascón had previously addressed the petition during a press conference on October 3, stating that his office was open-minded about the Menendez brothers' request for release. Despite acknowledging the brothers as the perpetrators of the crime, Gascón emphasized his office's moral and ethical responsibility to review the presented evidence to assess its potential impact on the original murder convictions.

In his recent statement on October 17, Gascón mentioned that the office's resentencing unit is actively examining the case. He stated, "While the habeas filing raises questions about the evidence in the previous trials, the Resentencing Unit focuses on the individuals' rehabilitation and behavior during their time served."

The statement further indicated, "Prosecutors are currently seeking comprehensive documentation of the defense's claims, and the office is working diligently within the bounds of justice." NBC4 reported that Gascón aims to reach a decision "within the next 10 days or so."

However, the final decision regarding Lyle, 56, and Erik, 53, whether they will remain incarcerated, receive a new trial, or have their sentences revised, rests with a judge. A court hearing is scheduled for November 26.

Lyle was 21, and Erik was 18 when they used 12-gauge shotguns to fatally shoot their parents in the den of their Beverly Hills, California home on August 20, 1989. Jose, 45, was shot multiple times, including point-blank in the head, while Kitty, 47, was also shot multiple times, including once in the face.

The brothers claimed that the killings followed years of sexual abuse by Jose, which they alleged was overlooked by their mother, a former pageant queen. However, prosecutors at the time argued that the brothers' motive was driven by greed, pointing to their extravagant spending following the murders.

If you or someone you know has experienced sexual abuse, text "STRENGTH" to the Crisis Text Line at 741-741 to connect with a certified crisis counselor.