The Menendez Brothers: Decades Later, a New Fight for Freedom

By: Jaenney Lee

Edited by: Ananya Chag and Anna Dellit

The Menendez brothers, Lyle and Erik, have remained a fixture of America’s true-crime consciousness since their conviction in the 1990s for the murder of their parents, José and Kitty Menendez. Over 34 years after the infamous killings, new developments—including fresh evidence and legal reconsiderations—have reignited debates about the case, highlighting potential flaws in their trial and the broader implications for justice.

A Crime That Captivated the Nation

On August 20, 1989, Lyle and Erik Menendez shot their parents in the family’s Beverly Hills mansion. In an attempt to create an alibi, the brothers drove to Mulholland Drive to discard their weapons before purchasing movie tickets. Lyle later called 911, crying, “Somebody killed my parents!” As Beverly Hills is an extremely wealthy area with almost zero crime rates, the shocking event of two brothers murdering their own parents captivated the nation and immediately drew attention from the press. [1]

Initially, investigators pursued other leads, but Erik’s guilt eventually led him to confess to his psychotherapist, Dr. L. Jerome Oziel. In a controversial twist, Oziel recorded their sessions and shared the details with his mistress, who reported them to authorities. The tapes became a focal point in the case, ultimately leading to the brothers' arrests in 1990. Legal battles over the tapes’ admissibility delayed the trial, which finally began in 1993. [2]

During the trial, the brothers claimed they acted in self-defense, alleging they had endured years of sexual, physical, and emotional abuse by their father. The first trial ended in a mistrial due to deadlocked juries. In a 1995 retrial, with stricter limitations on discussing the abuse, both were convicted of first-degree murder and sentenced to life without parole. [3]

Revelations and Legal Reconsiderations

In May 2023, former Menudo band member Roy Rosselló alleged that José Menendez had sexually assaulted him as a teenager. This claim provided external corroboration for the brothers' long standing allegations, prompting them to file a petition in court to overturn their convictions. [4]

In October 2024, the case was again revisited, especially following the Netflix documentary The Menendez Brothers, which shed new light to the brothers’ allegations of abuse through direct interviews.. Following the documentary, Los Angeles County District Attorney George Gascón announced a review of the case, acknowledging the new evidence and recommending a resentencing that could make the brothers eligible for parole. Gascón stated, "I believe that they have paid their debt to society, and I do believe the brothers were subjected to a tremendous amount of dysfunction in the home and molestation.” [5]

In addition to Gascón’s efforts in passing a motion to resentence the brothers to 50 years , attorneys for the brothers submitted requests for clemency to Gov. Gavin Newsom by the end of October 2024. This clemency would allow the brothers to be released immediately and is separate from the resentencing effort. Gascón also expressed his support for the clemency, stating “I strongly support clemency for Erik and Lyle Menendez.” Moreover, the district attorney’s effort to reduce their sentence from life in prison without parole to life in prison with parole would make the brothers immediately eligible as they were 26 or younger when they committed their crimes, under California law. A hearing for the resentencing request has been set for December 11, according to a court official and Holly Baird, a spokesperson for the brothers’ lawyer, Mark Geragos. [6][7]

Most Recent Developments

However, Nathan Hochman recently defeated incumbent George Gascón for Los Angeles County district attorney, which altered the trajectory of the Menendez brothers’ case. Hochman decided to delay the hearing, stating, “Before I can make any decision about the Menendez brothers’ case, I will need to become thoroughly familiar with the relevant facts, the evidence and the law.” Hochman is expected to assume office on December 2nd, while the hearing is currently scheduled for December 11th, which means there is limited time for Hochman to thoroughly view the case, increasing the possibility of a further  delay in the hearing. [8]

In response to the fans that are passionate about the resentencing of theMenendez brothers, Hochman stated “If you decide this case based on just reviewing a Netflix documentary, you're doing a disservice to the Menendez brothers, to the victims' family members, to the public.” He added that he has been avoiding watching the Netflix movie as doing so would only blind his investigations to re-read the documents and hinder his effort to l understand the case. Amid endorsements from celebrities  such as Kim Kardashian and Cooper Koch, Hochman emphasized that he would not be influenced by online opinions, stating “I’d rather read the book.” [9]

Although the high possibility of a delay of in the hearing may be disappointing for the fans hoping that the brothers would be released from the prison by Thanksgiving, Hochman stated that the Menendez case would be his ‘high priority,’ leaving some hope that the brothers, now 53 and 56, to possibly be released by the end of the year or early 2025. [10]

Notes:

1. Sullivan,Missy.2009.“TheMenendezBrothersMurderTheirParents.” HISTORY. November 13, 2009.

2. Sullivan,Missy.2009.“TheMenendezBrothersMurderTheirParents.” HISTORY. November 13, 2009.

3. Sullivan,Missy.2009.“TheMenendezBrothersMurderTheirParents.” HISTORY. November 13, 2009.

4. Albert,Victoria,andJosephPisani.2024.“DistrictAttorneytoAskCourtto Resentence Menendez Brothers.” WSJ. The Wall Street Journal. October 24, 2024.

5. McAllister,Anna.2024.“TestimonyofFormerLatinBoyBandMemberPlays Critical Role in Menendez Brothers’ Release.” Cbsnews.com. CBS Miami. October 25, 2024.

6. Helsel,Phil.2024.“L.A.CountyDAGascónSupportsClemencyRequestfor Menendez Brothers.” NBC News. October 31, 2024.

7. Friedman,MatthewJ,andKarinaTsui.2024.“LACountyDistrictAttorneySends Letters Requesting Clemency for Menendez Brothers.” CNN. October 31, 2024.

8. Friedman,MatthewJ.2024.“IncomingLosAngelesCountyDistrictAttorney Could Ask to Delay Menendez Brothers’ Resentencing.” CNN. November 6, 2024.

9. Whitworth, Kayna, and EmilyShapiro.2024.“NewLADANathanHochman Speaks out on Menendez Brothers’ Fight for Freedom.” ABC News. November 14, 2024

10. Guzman, Alyssa. 2024. “New Los Angeles DA Issues Stern Menendez Brothers Case Update on Possible Freedom ahead of Bombshell...” Mail Online. Daily Mail. November 16, 2024.

Bibliography:

Albert, Victoria, and Joseph Pisani. 2024. “District Attorney to Ask Court to Resentence Menendez Brothers.” WSJ. The Wall Street Journal. October 24, 2024.

Friedman, Matthew J. 2024. “Incoming Los Angeles County District Attorney Could Ask to Delay Menendez Brothers’ Resentencing.” CNN. November 6, 2024.

Friedman, Matthew J, and Karina Tsui. 2024. “LA County District Attorney Sends Letters Requesting Clemency for Menendez Brothers.” CNN. October 31, 2024.

Guzman, Alyssa. 2024. “New Los Angeles DA Issues Stern Menendez Brothers Case Update on Possible Freedom ahead of Bombshell...” Mail Online. Daily Mail. November 16, 2024.

Helsel, Phil. 2024. “L.A. County DA Gascón Supports Clemency Request for Menendez Brothers.” NBC News. October 31, 2024.

McAllister, Anna. 2024. “Testimony of Former Latin Boy Band Member Plays Critical Role in Menendez Brothers’ Release.” Cbsnews.com. CBS Miami. October 25, 2024.

Sullivan, Missy. 2009. “The Menendez Brothers Murder Their Parents.” HISTORY. November 13, 2009.

Whitworth, Kayna, and Emily Shapiro. 2024. “New LA DA Nathan Hochman Speaks out on Menendez Brothers’ Fight for Freedom.” ABC News. November 14, 2024.