Judge to decide if new evidence could set Menendez brothers free

A judge is set to decide on Monday whether new evidence warrants re-examination of the convictions of Erik and Lyle Menendez in the murders of their parents in their Beverly Hills mansion over 30 years ago.

The pair were found guilty of murdering Jose and Kitty Menendez in 1989 and sentenced to life in prison without parole.

They have consistently argued that they had been sexually abused by their father, something that prosecutors denied.

In May 2023, the brothers filed a request to the court to examine whether they were being lawfully detained.

“Newly discovered evidence directly supports the defence presented at trial,” the petition filed by the brothers said.

The recent release of a Netflix drama about the case has brought new attention to it, and members of the public will be given the opportunity to win a seat in the courtroom to catch a glimpse of the brothers, who will appear virtually.

Less than two weeks ago, Los Angeles District Attorney George Gascón asked for new sentences of 50 years to life, which would make Erik and Lyle, who are 53 and 56, immediately eligible for parole.

The new evidence unearthed includes a letter Erik Menendez wrote in 1988 to his uncle, describing the sexual abuse he endured from his father.

More new evidence emerged when Roy Rossello, a former member of the Latin pop group Menudo, recently came forward saying he had been drugged and raped by Jose Menendez, the boys’ father, when he was a teen in the 1980s. Menudo was signed under RCA Records, where Jose Menendez was chief operating officer.

Neither pieces of evidence were present in the first trial.

Superior Court Judge Michael Jesic is scheduled to consider the resentencing request on 11 December, but on Monday, he'll first address the abuse evidence raised in the habeas petition.

Immediate freedom is one possible result; the judge also might weigh in on the merits of the evidence. And if the brothers don’t get relief in court, they can hope California’s governor will grant them clemency.