District Attorney on Menendez Brothers’ New Evidence: ‘Complete Open Mind’

Los Angeles County District Attorney George Gascón spoke to Newsweek about the high-profile Menendez brothers’ case, following the discovery of new evidence that could offer the brothers a chance at justice.

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. 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.

Gascón told Newsweek his office is currently reviewing a 1988 letter written by Erik Menendez 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 Jose Menendez.

“There are people in my office who believe they should never get any relief, and others who believe they should,” Gascón said. “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.”

While Gascón has not yet determined an outcome, a hearing is scheduled for November 29. But the district attorney said he has a “complete open mind.”

Initially, the brothers blamed the mob due to their father’s connections as a high profile entertainment executive, but the brutal nature of the crime suggested a more personal and emotionally driven motive.

In the first Menendez brothers’ trial, which began in 1993, Lyle and Erik Menendez 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 and set the stage for a second trial in 1995.

Option One: Habeas Petition

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.

Gascón told Newsweek under the law, if someone thinks there is new evidence that wasn’t shown during the trial, and if this evidence could have changed the jury’s or court’s decision, they may have grounds for a review.

“They filed a habeas petition, and the outcome could lead to a release or a new trial, among other possibilities,” Gascón said. “The lawyers in this case allege that there are new items that were not presented to the jury.”

Geragos is hopeful there could be a favorable ruling on their habeas corpus petition.

“In my mind, it [the evidence] clearly is enough,” Geragos said. “I think they should be resentenced.”

New Evidence Emerges for Menendez Brothers

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.”

Gascón said 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 served as the chief operating officer.

In an updated edition of 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 Menendez 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.”

Option Two: Resentencing

Gascón told Newsweek, 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 said. “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.”

Gascón said if they decide to pursue resentencing, “We’re not saying anything went wrong with the trial. We are simply saying they have paid their dues. We then submit to the court to decide whether the court agrees with that or not.”

Next Steps for the Menendez Brothers

The November 29 hearing will decide whether the District Attorney’s Office will oppose or support the claims made by his attorneys.

Gascón said the court will serve as the “final arbiter” in deciding whether the brothers will be released or remain in prison after serving their life sentence without parole.

The Menendez brothers remain in prison while they continue their legal battles.

In 2018, officials transferred Lyle from Mule Creek State Prison in Northern California to R.J. Donovan Correctional Facility in San Diego, where they had already placed his brother in a separate unit.

Later, they moved into the same housing unit. Lyle requested the transfer after learning about his brother’s classification status.

Both brothers are married and met their wives while behind bars. Erik has been married since 1999, while Lyle was married from 1996 to 2001 and then remarried in 2003.

Netflix is set to unveil a new documentary on the Menendez Brothers on October 7, featuring real-life accounts from Erik and Lyle Menendez themselves.

For the first time in nearly 30 years, Erik and Lyle Menendez, in their own words, revisit the trial that stunned the nation. They share their story together from the Donovan Correctional Facility in California.

This follows the latest installment of the Netflix series, Monsters: The Lyle and Erik Menendez Story, created by Ryan Murphy. The series premiered on September 19, generating buzz and facing intense scrutiny.

The series features an impressive cast, with Javier Bardem and Chloë Sevigny starring as parents Jose and Kitty Menendez, while newcomers Nicholas Alexander Chavez and Cooper Koch take on the roles of Lyle and Erik Menendez.

Erik Menendez expressed sadness over Netflix’s “dishonest portrayal” of the tragedies surrounding their parents’ murders.

“I can only believe they were done on purpose. It is with a heavy heart that I say I believe Ryan Murphy cannot be this naive and inaccurate about the facts of our lives, so as to do this without bad intent,” Erik Menendez wrote, as shared by his family via X and Facebook. “Murphy shapes his horrible narrative through vile and appalling character portrayals of Lyle and me, and disheartening slander.”

Rand is also criticizing the series for its significant inaccuracies, separating fact from fiction in the show’s portrayal of the infamous case.

“I think both Cooper Koch and [Nicholas Alexander] Chavos are incredible actors, so the problem isn’t with them; the problem is with the script,” Rand said to Newsweek.

Kim Kardashian Calls For Menendez Brothers’ Release

Kim Kardashian is calling for the release of the Menendez brothers, breaking her silence in an essay to NBC News she penned on their case and declaring it’s time for justice to be served.

After visiting and spending time with the Menendez brothers, Kardashian said, “They are not monsters. They are kind, intelligent, and honest men.”

She noted if the Menendez trials were held today, the outcome would likely be different, given the improved understanding of sexual abuse. She also believes they did not receive a fair second trial.

“There were virtually no systems in place to support survivors, and public awareness of the trauma of male sexual abuse was minimal, often clouded by preconceived judgments and homophobia,” Kardashian said. “Can anyone honestly deny that the justice system would have treated the Menendez sisters more leniently?”

Geragos told Newsweek about how society’s evolving understanding of abuse has influenced legal outcomes.

“It’s always been interesting to me how culture has evolved,” Geragos told Newsweek. “I believe if these had been two sisters, they would not have been in custody now and they would not have been convicted of murder.”

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