By Courtney McGinley and Eileen Holliday
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Los Angeles District Attorney George Gascón delivered a stunning decision Thursday on the resentencing of the Menendez brothers.
"We're 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 would be 50 years to life. However, because of their age under the law, since they were under 26 years of age at the time that these crimes occurred, they will be eligible for parole immediately," Gascón said during a press conference.
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.
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.
On February 2, 1996, the jury convicted both brothers of first-degree murder, and they received life sentences without the possibility of parole. The verdict highlighted the complexity of the case and the differing views on justice and mental health issues in the context of violent crime.
"When you look at the case of the Menendez brothers, you see two very young people, one was 19 and the other was 21 when they committed this horrible acts," Gascón said. "And I want to underline there were horrible acts. There is no excuse for murder."
He continued, "I do believe that the brother was subjected to a tremendous amount of dysfunction in the home and molestation, and they went to prison for life without the possibility of parole, which meant that, certainly under the law at that time, they had no hopes of ever getting out... They engaged in a different journey. The journey of redemption and the journey of rehabilitation. I believe that they have paid their debt to society, and the system provides a vehicle for their case to be reviewed by a parole board."
While Gascón is going forward with a resentencing for Lyle and Erik Menendez, not everyone in his office agreed.
"I tell you unequivocally that we don't have a universal agreement," Gascón said.
Gascón continued, "There are people in the office that strongly believe that the Mendez brothers should stay in prison the rest of their life, and they do not believe that they were molested. And there are people in the office that strongly believe that they should be released immediately."
Gascón will be filing for resentencing tomorrow.
It will then be in the hands of Judge William Ryan and he can either uphold, reject, or modify the sentence.
Check out Newsweek's live blog for updates.
Oct 24, 2024 at 05:35 PM EDT
Gascón: ‘Nothing Political’
"There's nothing political about this," Gascón said. "We have resentence over 300 people, including 28 for murder, and we will continue to resentence people in the future."
The 2024 Los Angeles County District Attorney race is shaping up to be highly competitive between incumbent Gascón and challenger Nathan Hochman.
Gascón, known for his criminal justice reform policies such as reducing cash bail and opposing the death penalty, is facing criticism from those who believe his approach has compromised public safety.
Hochman, a former federal prosecutor, is focusing his campaign on restoring public safety and has garnered strong support from law enforcement groups.
If Gascón loses the upcoming election, the decision will not be overturned.
"Once it's filed, it's filed," Gascón said. "It's up to the court to take it from there."
Oct 24, 2024 at 05:33 PM EDT
WATCH: DA Recommends Menendez Brothers Be Resentenced
Oct 24, 2024 at 05:32 PM EDT
Gascón Reveals Decision Was Made An Hour Ago
"The brothers may be actually seeing you guys on TV or social media, but no one knew other than a very small number of people in this office," Gascón said. "And by the way, I should tell you that actually the final decision was just made an hour ago."
Oct 24, 2024 at 05:29 PM EDT
Karen VanderMolen: ‘Grateful For Everyone’s Support’
"This step gives us all hope that truth will finally be heard and Eric and Lyle can begin to heal from the horrors of their past," VanderMolen said.
The Menendez brothers' cousin continued, "We hope this will also shed light and increase awareness and help others who have been victimized by sexual violence Thank you. Also much for being here today. We are grateful for everyone's support."
Oct 24, 2024 at 05:27 PM EDT
Anamaria Baralt: ‘Truth Will Finally Be Heard’
"We stand united in our hope and gratitude, together, we can make sure that Eric and Lyle receive the justice they deserve and finally come home," Baralt who is José Menendez's niece said. "Thank you to District Attorney George Gascon for his courage and leadership. This step gives us all hope that the truth will finally be heard and that Lyle and Eric can begin to heal from the trauma of their past."
Oct 24, 2024 at 05:24 PM EDT
DA’s Office Divided
While DA Gascón is going forward with a resentencing for Lyle and Erik Menendez, not everyone in his office agreed.
"I tell you unequivocally that we don't have a universal agreement," Gascón said.
Gascón continued, "There are people in the office that strongly believe that the Mendez brothers should stay in prison the rest of their life, and they do not believe that they were molested. And there are people in the office that strongly believe that they should be released immediately."
Oct 24, 2024 at 05:19 PM EDT
What’s Next?
"We will be filing for resentencing tomorrow," Gascón said.
It is now in the hands of Judge William Ryan and he can either uphold, reject, or modify the sentence.
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Oct 24, 2024 at 05:17 PM EDT
Prosecutors Alliance Statement on DA Gascón’s Move to Resentence the Menendez Brothers
Prosecutors Alliance Executive Director Cristine Soto DeBerry issued the following statement on Los Angeles County District Attorney George Gascón's announcement today that he would seek to resentence Lyle and Erik Menendez:
"District Attorney Gascón's decision to move to resentence the Menendez brothers reflects his commitment to public safety, second chances, rehabilitation and justice.
We now know that trauma during childhood can have a serious impact on development, and research tells us it should be considered during sentencing. We also know that young people age out of crime and that people convicted of violent crimes who are released after decades in prison rarely commit new crimes of violence.
Our criminal legal system must have mechanisms to revisit extreme sentences when we are presented with new information – especially evidence of trauma and abuse that wasn't previously considered – and when individuals have done the hard work of rehabilitation.
DA Gascón has resentenced at least 300 individuals, and these cases are never taken lightly. The Resentencing Unit – and the court that hears the motion for resentencing – considers numerous factors to determine whether someone is eligible for resentencing and possible release, including an individual's conduct while in prison, the circumstances of the crime, and any trauma or abuse that may have contributed to the crime and was not taken into consideration at the original sentencing. Crime victims are an important part of the process and have the opportunity to provide their input.
Keeping people imprisoned simply for the sake of punishment is not justice and it does not make us safer. We support DA Gascón's continued use of his resentencing power to ensure that those who deserve a second chance have the opportunity to safely return home."
Oct 24, 2024 at 05:16 PM EDT
Gascón: ‘They Paid Their Debt to Society’
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"When you look at the case of the Menendez brothers, you see two very young people, one was 19 and the other was 21 when they committed this horrible acts," Gascón said. "And I want to underline there were horrible acts. There is no excuse for murder."
He continued, "I do believe that the brother was subjected to a tremendous amount of dysfunction in the home and molestation, and they went to prison for life without the possibility of parole, which meant that, certainly under the law at that time, they had no hopes of ever getting out."
"I'm going to misbehave, I'm going to join gangs, I'm going to live the life of a person," Gascón said. "But they never did that. They engaged in a different journey. The journey of redemption and the journey of rehabilitation."
"I believe that they have paid their debt to society, and the system provides a vehicle for their case to be reviewed by a parole board."
Oct 24, 2024 at 05:10 PM EDT
DA George Gascón’s Decision: Resentencing, Immediate Parole
District Attorney George Gascón is speaking now at the Hall of Justice in Los Angeles. He is moving forward with the resentencing of Lyle and Erik Menendez.
"We're 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 would be 50 years to life. However, because of their age under the law, since they were under 26 years of age at the time that this crimes occurred, they will be eligible for parole immediately."
Oct 24, 2024 at 04:42 PM EDT
The Menendez Brothers’ Family Awaits Decision
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Oct 24, 2024 at 04:20 PM EDT
WATCH: Press Conference On Menendez Brothers’ Case
Oct 24, 2024 at 04:10 PM EDT
‘The Trial was Totally, Fundamentally, Absolutely, Thoroughly Fair’
Alan Abrahamson, a former Los Angeles Times reporter who covered both Menendez brothers' trials, urges the public to set aside emotions and focus on the facts, calling Lyle and Erik Menendez "stone cold killers."
While many individuals believe the brothers did not receive a fair chance during their second trial, Abrahamson said, "the trial was totally, fundamentally, absolutely, thoroughly fair" and if it occurred today, "it would be the same."
He continued, "If José Menendez was the world's worst human being, if he was a good father, bad father, or horrible father, no one has ever advanced a theory that the mother was a threat to the boys, ever," Abrahamson said. "And killing her is, by itself, reason enough for the brothers to be convicted of murder and to spend the rest of their lives in prison without parole."
Abrahamson said in 2005, the Ninth Circuit Court of Appeals said the "so-called abuse" evidence is irrelevant.
The court reviewed the evidence step by step, focusing on whether the abuse showed the brothers feared for their lives when they killed their parents. They concluded it did not. While the brothers may have felt a generalized fear, it didn't justify self-defense. Instead, they acted in preemptive strikes.
READ FULL STORY from Newsweek's Courtney McGinley
Oct 24, 2024 at 04:05 PM EDT
Did the O.J. Simpson Trial Affect the Menendez Brothers?
Many people, including Kim Kardashian, believe the brothers did not receive a fair chance during their second trial.
More than four months after the Menendez mistrials, O.J. Simpson was charged with killing his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. Kardashian's father, Robert Kardashian, served as one of the NFL legend's defense attorneys. The trial gripped the nation as the world watched live footage from inside the courtrooms for both trials.
Just eight days after Simpson was found not guilty in a highly watched live verdict, the opening arguments kicked off in Lyle and Erik's second trial.
"I didn't really think it would have the profound effect on the public that it did in terms of backlash against high-profile defendants," Lyle said. "We got washed in the wake of that."
Mark Geragos, one of the brothers' attorneys, told Newsweek the District Attorney's Office was under siege and perceived as unable to secure victories in major cases following the Simpson trial.
"It [Menendez Brothers' trial] essentially kicked off and became the initial true crime template, drawing global attention. Prosecutors were determined to convict the defendants and ensure Los Angeles would not be seen as a prosecutorial wasteland," Geragos said.
In a 1996 interview on The Larry King Show, Leslie Abramson, Erik's defense attorney for both trials, told the talk show host she cried at the Van Nuys courthouse after hearing the Simpson verdict. She said she told the courthouse, "This is bad for the boys and everybody else. It's going to be payback time."
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Oct 24, 2024 at 03:55 PM EDT
Judge Jeanine Pirro Calls for Menendez Brothers Release
Judge Jeanine Pirro said the Menendez brothers were denied a fair second trial, adding, "they need to get out."
Pirro served as the first female district attorney of Westchester County, New York, and later as a judge in the county. During her time as a district attorney, she gained national attention for her work on cases involving domestic violence and crimes against women.
Oct 24, 2024 at 03:45 PM EDT
Challenges of Addressing Family Issues in Court
Deborah Tuerkheimer, a former Manhattan prosecutor and author of Credible, told Newsweek discussing family issues in court presents unique challenges.
The law has traditionally focused on addressing violence between strangers, as criminal law was designed to resolve conflicts between individuals who are not closely connected. This focus can create complications when similar issues arise within a family.
"The law doesn't respond well to problems of abuse within a family, whether that's domestic violence or child abuse," Tuerkheimer said. "Whether it's battered women who are defending themselves or it's children defending themselves – it can be difficult for the realities of abuse to map onto our legal doctrines, rules and defenses."
Tuerkheimer said boys who are victims of sexual abuse and assault face additional challenges because such cases are less common and often less acknowledged, with these difficulties being even greater decades ago.
"When victims don't behave or look like we expect them to behave or look, we tend to find them not credible and boys don't really fit into the popular understanding of who's a victim of abuse," the author said.
READ MORE from Newsweek's Courtney McGinley
Oct 24, 2024 at 03:35 PM EDT
The Menendez Family
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Oct 24, 2024 at 03:25 PM EDT
The Brothers’ Murder Confession
Robert Rand told Newsweek Erik confessed to Dr. Jerome Oziel, revealing the dark truth behind the murders of Kitty and Jose, and Lyle was called to the therapist's office to corroborate on October 31, 1989.
After about an hour, Lyle told Erik they were leaving, adding he would no longer speak with Oziel. Just before stepping into the elevator, Lyle shook hands with the doctor and wished him, "Good luck," a gesture Oziel later interpreted as a threat.
Oziel confided in his mistress, Judalon Smyth, about the confession. Several months later, Smyth went to the police with the chilling details of the murders.
"Judalon Smyth, the mistress of Dr. Oziel, was the person who cracked the case and she went to the Beverly Hills Police Department after Dr. Oziel had moved her into his house in LA," Rand said.
To hide his breach of patient confidentiality, Oziel testified during the brothers' first trial in 1993, indicating he felt threatened by Lyle on the same day Erik confessed.
"Jerry Oziel was trying to cover up that he had pillow talk to his girlfriend about the confession, breaking confidentiality himself," Rand said.
READ MORE from Newsweek's Courtney McGinley
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Oct 24, 2024 at 03:15 PM EDT
WATCH: Will the Menendez Brothers Be Resentenced? Here’s What To Know
Oct 24, 2024 at 03:06 PM EDT
Menendez Brothers’ Murder Mansion: 35 Years Later ‘No Remnants’ Of Crimes
The Menendez family's Beverly Hills mansion, where a brutal double murder shocked the nation in 1989, remains eerily untouched — its walls concealing the dark history once gripping the nation's attention.
Beverly Hills, an iconic and affluent city in Los Angeles County, is renowned for its luxurious lifestyle, upscale shopping, and celebrity residents. With its reputation for safety and exclusivity, the murders of José and Kitty Menendez sent shockwaves through the neighborhood.
Rather than being demolished, the infamous house on Elm Drive still looms, a chilling reminder of its past.
Since the murders, the property has changed owners four times. Most recently, in March 2024, it sold for $17,000,000.
Real estate appraiser and CEO of Landmark Research spoke to Newsweek and said there are challenges associated with selling property linked to tragic events, especially a high profile double homicide.
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READ FULL STORY from Newsweek's Courtney McGinley
Oct 24, 2024 at 02:54 PM EDT
Lyle and Erik Menendez Break Silence in Netflix Doc: ‘Washed’ in Second Trial
Lyle and Erik Menendez end nearly three decades of silence in the new Netflix documentary, The Menendez Brothers.
From the Donovan Correctional Facility in California, they address what they call misconceptions surrounding their parents' murder and explain how they got "washed" in their second trial.
READ FULL STORY by Newsweek's Courtney McGinley
Oct 24, 2024 at 02:44 PM EDT
Menendez Brothers’ Family Speaks Out: ‘System Failed Them So Profoundly’
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Nearly two dozen family members and the lawyers of Lyle and Erik Menendez held a news conference recently outside the Los Angeles County District Attorney's Office as calls for the brothers' freedom grow.
Attorney Mark Geragos said the Menendez brothers have undergone "phenomenal rehabilitation" during their decades in prison, with correctional officers even supporting their release.
Family members spoke about the brothers' abusive upbringing, including Karen VanderMolen, who forgave them and said, "I know they were acting out of fear and desperation."
José Menendez's nephew, Brian Andersen Jr., highlighted how trauma shaped their actions, adding, "They are not the villains they were portrayed as." The family petitioned for a re-sentencing trial based on this new understanding of trauma.
READ MORE from Newsweek's Courtney McGinley
Oct 24, 2024 at 02:34 PM EDT
Erik Menendez’s Wife Says He’s ‘Deeply Grateful and Profoundly Humble’
After a news conference with nearly two dozen family members and lawyers, Erik Menendez's wife publicly expressed her husband's gratitude, speaking out on his behalf on social media.
"Erik feels deeply grateful and profoundly humbled by the overwhelming outpouring of love and support from his family," Tammi Menendez shared via X. "Their belief in him and encouragement, care, and understanding mean more to him than words can express."
The family came together from across the country for a historic gathering on Wednesday in the continued fight for the brothers' freedom outside of the Los Angeles District Attorney's office.
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READ FULL STORY by Newsweek's Courtney McGinley
Oct 24, 2024 at 02:22 PM EDT
Menendez Brothers’ Family Launch Organization: ‘New Bond Of Hope’
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Amid the emotional weight of a 35-year struggle, Anamaria Baralt stood with nearly two dozen Menendez family members, their voices unified in a call for justice for brothers Erik and Lyle.
"Here we are, both sides of the family – united. Sharing a new bond of hope," Baralt, who is José Menendez's niece, said. "Hope that with the reexamination of their case, a new outcome will be reached. Hope that this 35 year nightmare will end and we will be reunited as a family. I am here to ask the DA's office to take into account the full picture, the truth that was hidden for so long."
Menendez family members gathered in Los Angeles recently to launch an initiative spotlighting the childhood sexual abuse Erik and Lyle endured. Baralt said, "On behalf of our whole family, it is my honor to introduce our new coalition, 'Justice For Erik & Lyle.'"
The press conference marked the largest official gathering of relatives from both sides of the family since District Attorney George Gascón began reviewing the case earlier this year. Family members were joined by Erik and Lyle's attorney, Mark Geragos, who stressed the brothers' sentences did not fully consider the decade-long traumatic sexual abuse they suffered at the hands of their father.
READ MORE by Newsweek's Courtney McGinley
Oct 24, 2024 at 02:11 PM EDT
Facts Show Menendez Brothers Are ‘Stone Cold Killers’: Ex-LA Times Reporter
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Alan Abrahamson, a former Los Angeles Times reporter who covered both Menendez brothers' trials, urges the public to set aside emotions and focus on the facts, calling Lyle and Erik Menendez "stone cold killers."
Abrahamson told Newsweek, at the time their parents sat watching TV, the brothers faced no imminent fear or threat.
The duo shot José five times, including once at point-blank range with a shotgun aimed at the back of his head. As Kitty attempted to crawl away, Lyle shot her in the face with a shotgun. In total, she was shot nine times.
"They burst into the den. They blew their father's brains out," Abrahamson told Newsweek. "Their mother was somehow still alive. Lyle Menendez went back out to the car, reloaded his shotgun, came back in and put the muzzle of the gun against his mother's cheek and blew her face off."
READ FULL STORY from Newsweek's Courtney McGinley
Oct 24, 2024 at 02:05 PM EDT
Kim Kardashian Calls For Menendez Brothers’ Release: ‘Time Changes Us’
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Kim Kardashian is among the celebrities calling for the release of the Menendez brothers, breaking her silence in an essay she penned on their case and declaring it's time for justice to be served.
Kardashian begins her essay to NBC News by reflecting on her own life at 18, the same age Erik Menendez was when the notorious murders of his parents occurred.
"We are all products of our experiences. They shape who we were, who we are, and who we will be," the reality TV star wrote. "Physiologically and psychologically, time changes us, and I doubt anyone would claim to be the same person they were at 18. I know I'm not!"
READ FULL STORY by Newsweek's Courtney McGinley
Oct 24, 2024 at 01:55 PM EDT
Menendez Brothers’ Second Trial
Prosecutors argued there was no evidence of the alleged molestation and the judge excluded abuse evidence from the second trial. They said that the sons were motivated by a desire to inherit their parents' multimillion-dollar estate.
On February 2, 1996, the jury convicted both brothers of first-degree murder, and they received life sentences without the possibility of parole. The verdict highlighted the complexity of the case and the differing views on justice and mental health issues in the context of violent crime.
"The second jury convicted the brothers because they saw a completely different trial that was engineered to guarantee murder verdicts," said Hazel Thornton, a juror in the first trial. "To show them so much less makes it not fair to the brothers."
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Oct 24, 2024 at 01:45 PM EDT
Menendez Brothers’ First Trial
In the first Menendez brothers' trial, which began in 1993, Lyle and Erik were charged with the 1989 murders of their parents. They claimed they killed their parents in self-defense.
The brothers' alleged their father had physically and sexually abused them throughout their childhood, creating a traumatic environment that led to their actions.
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 on January 28, 1994, and set the stage for a second trial in 1995.
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Oct 24, 2024 at 01:35 PM EDT
Lyle and Erik Menendez Mugshots
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Oct 24, 2024 at 01:24 PM EDT
Rosie O’Donnell Backs the Brothers
Comedian Rosie O'Donnell shows her support for Lyle and Erik Menendez as they await a decision from the District Attorney's office, recently sharing her stance on Instagram with the hashtag #freethemenendezbrothers.
Oct 24, 2024 at 01:15 PM EDT
Resentencing is More Likely
Neama Rahmani believes Gascón is likely to opt for resentencing Erik and Lyle rather than proceeding with the petition.
He said if Gascón agrees to a resentencing, the decision will then move to Judge William Ryan. The judge can either uphold, reject, or modify the sentence.
If the judge approves, Lyle and Erik's sentence will be reduced from life to time served, meaning they could be released from prison within days.
However, Rahmani said, "The judge can reject the request for resentencing if the judge believes that the brothers pose an unreasonable risk to the public, basically, they're dangerous. Or, the judge can take a hybrid approach. The judge could say, 'Well, I'm not going to give them time served, but I'm going to give them 25 to life', which is what murderers generally get in California when there's no special circumstance."
Rahmani said if Ryan modifies their sentence to 25 years to life, the brothers would need to appear before a parole board, which would then decide their release. Alternatively, Ryan could impose a 50-years-to-life sentence, requiring them to serve an additional 15 years before becoming eligible for parole.
READ FULL STORY from Newsweek's Courtney McGinley
Oct 24, 2024 at 01:06 PM EDT
Habeas Petition Encounters Legal Hurdles
Former prosecutor Neama Rahmani told Newsweek the habeas petition faces several legal challenges.
Rahmani, after prosecuting drug and human trafficking cases with the Department of Justice, became Director of Enforcement for the Los Angeles City Ethics Commission. He is also the co-founder and president of West Coast Trial Lawyers, a personal injury law firm based in California.
He said it requires proving both a constitutional violation and prejudice, meaning the outcome of the trial would have been different given the new evidence. Even if there was a violation, such as evidence of sex abuse not being presented in the second trial, showing prejudice is a high legal hurdle.
"The reason is this, even if you're sexually abused, that's not a license to kill your abuser," Rahmani said. "And even if it was, with respect to José, it's a very difficult argument with respect to Kitty, the mom."
READ FULL STORY from Newsweek's Courtney McGinley
Oct 24, 2024 at 12:55 PM EDT
Second Piece of Evidence Unveiled: Roy Rossello
George Gascón told Newsweek the second piece of evidence uncovered came from Roy Rossello, a former member of Menudo, who alleged he was also molested by José Menendez when he was 14-year-old.
Menudo is a Puerto Rican boy band gaining fame in the late 1970s and 1980s. Known for its catchy pop songs and energetic performances, the group featured a rotating lineup of young male singers, allowing members to leave as they aged out of the group.
Menudo became an influential force in Latin pop music and helped launch the careers of several artists, including Ricky Martin. The band's popularity extended beyond Puerto Rico, achieving success in Latin America and the United States.
Menudo signed with RCA Records in 1983, where José Menendez served as the chief operating officer.
In an updated edition of Robert Rand's 2018 book, released in September, the connection between José Menéndez and Menudo is addressed. This story, along with new evidence, was revealed when Peacock premiered the documentary Menendez + Menudo: Boys Betrayed in May 2023, which Rand and his reporting partner Nery Ynclan produced.
In the documentary, Rand said Rossello claimed he was abused by José on one occasion. However, Rossello claims another incident occurred, as detailed in the habeas petition.
"He stated Menudo performed at Radio City Music Hall in 1985, where José Menéndez came backstage and sexually molested him before and after the concert," Rand said. "José then took him to an RCA Records suite at the Waldorf Astoria Hotel, where he raped him all night."
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Oct 24, 2024 at 12:45 PM EDT
First Piece of Evidence Unveiled: A 1988 Letter
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. During his final interviews with with the Menendez brothers' aunt Marta Cano, she said her son had a dresser full of papers if he wanted to review them.
"Within 15 minutes, I found this letter and I was like 'Oh my God, this is potentially major evidence that could have a serious impact on the case.' I literally hand carried the letter out to Cliff Gardner in California."
Andy Cano, who testified in both of the brothers' trials, tragically died from an accidental overdose involving sleeping pills in 2003. Having built a strong rapport with the family and uncovering critical insights into their story, Rand was invited to meet with Cano at her home in West Palm Beach where he found the letter.
Rand shared an excerpt of the letter:
"I've been trying to avoid dad. It's still happening Andy but its worse for me now. I can't explain it. He so overweight that I cant stand to see him. 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. I know what you said before but I'm afraid. You just don't know dad like I do. He's crazy! He's warned me a hundred times about telling anyone."
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Oct 24, 2024 at 12:35 PM EDT
Which Route: Habeas Petition or Resentencing?
George 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, presenting new evidence.
Gascón told Newsweek his office reviewed a 1988 letter written by Erik 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 José.
Gascón said under California law, a prosecutor can request a court to resentence an individual if it is determined a person has been rehabilitated. This involves demonstrating they have engaged in various activities within the prison system indicating they are ready to reintegrate into the community or have their sentence reduced.
"The two young men have spent 35 years in prison. They have allegedly done everything they've been asked to do, including going to college and working as mentors for others," Gascón told Newsweek. "They have also completed extensive rehabilitative work. The question is whether to continue their incarceration or give them another chance. That's the other avenue we're evaluating."
READ FULL STORY from Newsweek's Courtney McGinley
Oct 24, 2024 at 12:20 PM EDT
Gascón to Announce Decision on Menendez Brothers Case
Los Angeles County District Attorney George Gascón is expected to make a decision on Lyle and Erik Menendez's case.
"There are people in my office who believe they should never get any relief, and others who believe they should," Gascón told Newsweek. "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."
Although a hearing was scheduled for November 29 to determine Gascón's course of action, he announced he would make his decision today at 1:30 p.m. PT / 4:30 p.m. ET at the Hall of Justice in Los Angeles.
Oct 24, 2024 at 12:14 PM EDT
Lyle and Erik Menendez Tell All in New Documentary
Lyle and Erik Menendez end nearly three decades of silence in the new Netflix documentary, The Menendez Brothers.
From the Donovan Correctional Facility in California, they address what they call misconceptions surrounding their parents' murder and explain how they got "washed" in the second trial.
READ FULL STORY from Newsweek's Courtney McGinley
Oct 24, 2024 at 12:11 PM EDT
Menendez Brothers in the Courtroom
The Menendez brothers standing trial for the 1989 murders of their parents, José and Kitty Menendez.
The brothers shot their father and their mother a total of 14 times during an attack inside their Beverly Hills home in 1989.
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.
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Oct 24, 2024 at 12:07 PM EDT
‘All Signs Point to Him Agreeing to a Resentencing.’
A former federal prosecutor told Newsweek he expects Los Angeles County District Attorney George Gascón to push for the resentencing of the Menendez brothers, with a decision expected today.
"He's [Gascón] less than two weeks away from a highly contested election here in LA," Neama Rahmani said. "All signs point to him agreeing to a resentencing."
READ FULL STORY from Newsweek's Courtney McGinley
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